2.2.4 Right to be heard

For instance, if the opponent introduces a new ground for opposition during oral proceedings, they must always be granted the right to be heard, even where the arguments concern a late-filed ground for opposition and new arguments and evidence related to it. Similarly, where the opponent files pertinent new material, the patent proprietor must be given a chance to present comments and submit amendments. If the opposition division approves the introduction of new facts or evidence and if the other parties have not had sufficient time to study them, it grants, where easily comprehensible subject-matter is involved, the parties an opportunity to familiarise themselves with it, possibly by briefly interrupting the oral proceedings. If this is not feasible, the other parties must, upon request, be given the opportunity to comment in the proceedings subsequent to the oral proceedings, where appropriate in a further set of oral proceedings. Where possible, however, oral proceedings will not be adjourned.

Where possible, legal commentaries, decisions (of a board of appeal, for example) and reports on legal decisions which are to be referred to in oral proceedings must be notified to the opposition division and the other parties in good time before the proceedings. They may, however, be quoted or submitted for the first time in the oral proceedings themselves if the opposition division agrees after consulting the parties.