Legal framework
An opposition must be filed within nine months of publication of the mention of grant in the European Patent Bulletin: Article 99(1) EPC. Periods expressed in months are calculated under Rule 131(4) EPC, meaning that the period expires in the relevant subsequent month on the day having the same number as the day of the relevant event.
The official languages of the EPO are English, French and German: Article 14(1) EPC. Under Article 14(4) EPC, certain persons may file documents subject to a time limit in an official language of a contracting state other than English, French or German, but a translation into an EPO official language must be filed.
For such translations, Rule 6(2) EPC provides that the translation of a notice of opposition may be filed within the opposition period if that period expires later than the normal one-month period. However, the current fee reduction provisions do not provide a reduction of the opposition fee. The reduction under Rule 7a(1) EPC concerns the filing fee or examination fee, not the opposition fee.
Statement a)
True.
The mention of grant of EP-Z was published on 17 December 2024.
The opposition period under Article 99(1) EPC is nine months from that publication. Applying Rule 131(4) EPC, the nine-month period expires on 17 September 2025.
Therefore, the notice of opposition must be filed, and the opposition fee paid, at the latest on 17 September 2025.
Statement b)
False.
Mr Kurz is a Czech citizen resident in Slovakia. Czech and Slovak are official languages of EPC contracting states other than English, French and German. Therefore, under Article 14(4) EPC, he may file the notice of opposition in Czech or Slovak, provided that a translation into an EPO official language is filed in due time.
However, this does not entitle him to a reduction of the opposition fee. The current language-related fee reduction under Rule 7a(1) EPC applies to the filing fee or examination fee, not to the opposition fee.
Statement c)
True.
EP-Y was published in German. German is one of the official languages of the EPO under Article 14(1) EPC.
Documentary evidence and publications may be filed in any language under Rule 3(3) EPC, and the EPO may require a translation into one of its official languages. Since EP-Y is already in an EPO official language, no translation is needed.
Statement d)
False.
Slovak is an official language of an EPC contracting state, but it is not an official language of the EPO.
Under Rule 4(1) EPC, a party may use an EPO official language other than the language of proceedings if it gives notice to the EPO at least one month before the oral proceedings or provides interpretation. But for an official language of a contracting state that is not an EPO official language, the party may use it only if it provides interpretation into the language of the proceedings.
Therefore, merely notifying the EPO one month before the oral proceedings is not sufficient for using Slovak. Mr Kurz must provide interpretation into English, the language of the proceedings.
Exam tip
Separate three language issues.
First, a notice of opposition can sometimes be filed in an admissible non-EPO language, but a translation is required.
Second, this no longer gives a reduction of the opposition fee.
Third, in oral proceedings, the one-month notice route applies to using another EPO official language; for Slovak, Czech or another non-EPO contracting-state language, the party must provide interpretation.
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.