2.2.4 Identity of opponent and correction of opponent's name
Under R. 76(2)(a) EPC and R. 41(2)(c) EPC, the notice of opposition must contain the name, address and nationality of the opponent (nationality only for natural persons, T 978/17) and the state where his residence or principal place of business is located. However, a notice of opposition in which a piece of information required under R. 76(2)(a) EPC in conjunction with R. 41(2)(c) EPC is missing is inadmissible only if the opponent cannot be clearly identified by the end of the opposition period (see T 25/85, OJ 1986, 81; T 1551/10; T 978/17).
T 590/94 held that this defect cannot be remedied. With reference to the rationale of G 1/12 (relating to correction of the appellant's name) the board in T 615/14 concluded however that a request to correct the designation of the opponent in the notice of opposition was allowable under R. 139, first sentence, EPC provided that it complies with the principles endorsed in G 1/12. Hence, the original intention at the time of filing the opposition could also be established on the basis of evidence submitted after expiry of the opposition period. See also the summaries of T 615/14 and T 579/16 in section d) below.
Deficiencies such as a wrong postal code or lack of signature may be subsumed under R. 76(2)(a) and R. 50(3) EPC, respectively, and can thus be remedied within a time limit set by the opposition division in accordance with R. 77(2) EPC. The opposition division can extend this time limit or set a new time limit if deemed appropriate (T 1632/06, T 244/12). See also the cases in this chapter IV.C.2.2.9 b) "Signature" below.