Rules for filing and examining opposition against the grant of a Eurasian Patent on the basis of Administrative Revocation of a Eurasian Patent

APPROVED by Order of the Eurasian Patent Office No. 63 dated December 22, 2015, with amendments and additions made by the orders of the Eurasian Patent Office No. 75 dated December 22, 2022 and No. 48 dated September 23, 2025

Rules for filing and examining opposition against the grant of a Eurasian Patent on the basis of Administrative Revocation of a Eurasian Patent

I. General provisions

1. The present Rules for filing and examining oppositions against the grant of a Eurasian patent in accordance with Rule 53 of the Patent Regulations to the Eurasian Patent Convention.
2. For the purposes of the present Rules the following terms and definitions shall mean:
  “Convention” means the Eurasian Patent Convention done in Moscow on September 9, 1994;
  
  “Eurasian Office” means the Eurasian Patent Office referred to in Article 2(3) of the Convention;
  
  “Contracting State” means a State party to the Convention;
  
  “Patent Regulations” means Patent Regulations under the Eurasian Patent Convention in accordance with Art. 14 of the Convention;
  
  “Eurasian application” means an application for the grant of a Eurasian patent filed under Article 15(1) of the Convention or an international application filed in accordance with the Patent Cooperation Treaty, specifying Contracting States for the purpose of obtaining a Eurasian patent;
  
  “Eurasian patent” means patent granted by the Eurasian Office under Article 15 of the Convention;
  
  “Patent owner” means a person holding the exclusive right to the patented invention under Article 9 of the Convention;
  
  “Opposition” means an opposition to the grant of a Eurasian patent, filed in accordance with rule 53(1) of the Patent Regulations;
  
  “Appeal” means an appeal against a decision made as a result of the opposition examination, filed in accordance with Rule 53(8) of the Patent Regulations.

II. Filing of the notice of opposition

1. A notice of opposition may be filed by any person other than the patent owner.
  Persons, not permanently residing or sitting in the Contracting States, shall file a notice
  
  of opposition and participate in the opposition proceedings via Eurasian patent attorneys.
  
  Persons, permanently residing or having a permanent seat in one of the Contracting States may file a notice of opposition and participate in the proceedings in their own capacity, or via Eurasian patent attorneys as well as other representatives, non-Eurasian patent attorneys.
2. The notice of opposition shall be filed with the Eurasian Office directly or sent by mail. The notice of opposition and accompanying documents shall be filed with the Eurasian Office in electronic form via the EAPO-ONLINE electronic exchange system if the person filing the opposition and/or their representative is a registered user of that system.
3. The notice of opposition shall be filed within the period specified in Rule 53(1)
  of the Patent Regulations.
  
  Under Rule 37(4) of the Patent Regulations, the time period for filing the notice
  
  of opposition may not be prolonged. The right to file the notice of opposition, lost due to failure to comply with the specified time period for filing, may not be restored, according to Rule 39(3)
  
  of the Patent Regulations.
  
  A statement demanding the revocation of a Eurasian patent filed with the Eurasian office before the date of publication of information on the Eurasian patent grant shall not be deemed as opposition, and the person, who filed such a statement, shall be notified thereof.
4. A fixed fee shall be paid for filing a notice of opposition, as provided for in Rule 53(5) of the Patent Regulations and paragraph 7(2) of the Statute on Fees.
5. The notice of opposition submitted in writing on paper shall be presented in such a way as to ensure its long-term storage and direct reproduction in an unlimited number of copies.
  Pages of the notice of opposition shall not be crumpled, torn or creased.
  
  The notice of opposition shall be executed on non-rigid, hard, white, smooth, non-glittering, durable paper in A4 format (210x297mm).
  
  The minimum size of the opposition document shall be 25mm on the left side of the sheet and 20 mm on the other sides.
  
  Each page of the opposition, starting with the second, shall be numbered with Arabic numbers.
  
  The text of the notice of opposition shall be typed in black font, with 1.5 line spacing and capital letter height not less than 2.1mm.
  
  Graphic symbols, Latin names, Latin and Greek letters, mathematical and chemical formulas may be written in ink, paste or drafting ink of black color. Writing of formulas by both hand and typing is inadmissible.
6. The notice of opposition shall be filed in Russian. If the opposition is not written in Russian, its translation into Russian must be submitted together with the opposition or within two months of the date of its receipt.
7. The notice of opposition shall apply to one Eurasian patent and shall contain the following:
  (1) data, stipulated in Rule 53(6) of the Patent Regulations. The address for correspondence shall be stated in accordance with established requirements for prompt delivery of correspondence to that address. The opposition may also include telephone and fax numbers, e-mail addresses and other necessary information enabling contact with the person filing the opposition or their representative;
  
  (2) request to revoke the Eurasian patent in full or in part and the grounds on which the grant of the Eurasian patent is opposed, as provided for in Rule 53(2) of the Patent Regulations, and the relevant justifications and evidence.
8. The following grounds for revocation of a Eurasian patent may be specified in the opposition:
  (1) non-compliance of the invention with the patentability criteria, because it:
  
  isn’t novel;
  
  does not have an inventive step;
  
  is not industrially applicable;
  
  is not recognized as an invention per se under Rule (3) of the Patent Regulations;
  
  belongs to solutions for which Eurasian patents are not granted under Rule 3(4)
  
  of the Patent regulations;
  
  (2) presence in the claims of features not included in the original files of the Eurasian application, including:
  
  features present in the claims of the Eurasian patent granted on the basis of a divisional Eurasian application with the filing date of the original Eurasian application, which were not included in the original application on its filing date;
  
  features present in the claims of the Eurasian patent, granted on the basis of a Eurasian application filed under paragraph 3 of Rule 7(1) of the Patent Regulations, which were not included in the original application on its filing date.
  
  Each of the above conditions is a separate ground for revocation of a Eurasian patent.
  
  The notice of opposition shall not state other grounds, on which there can be no administrative revocation of a Eurasian patent. In particular, the following are not grounds for administrative revocation of a Eurasian patent:
  
  incorrect indication of the patent owner or inventor in the Eurasian patent;
  
  non-compliance with the requirement of unity of invention;
  
  non-compliance of the description of the invention or drawings with the established requirements;
9. The notice of opposition shall be accepted for examination provided that, in respect of at least one of the grounds for revocation of the Eurasian patent specified in the notice of opposition, the relevant reasoning and, where necessary, evidence are provided.
  The reasoning and evidence behind the proposed grounds for revocation of the Eurasian patent shall enable the Eurasian Office and the patent owner to consider these grounds without additional reference to other sources of information. A simple reference to patent documents is generally insufficient, and the notice of opposition shall indicate (except for short documents) the part of the document on which the relevant claims are based.
  
  When the request to revoke a Eurasian patent is based on prior use or oral disclosure of the invention, evidence confirming these circumstances shall be provided.
10. The notice of opposition shall be signed by the person filing the notice of opposition or their representative.
  If the notice of opposition is filed by a legal entity or an equivalent organization, it shall be signed by its head or another authorized person, indicating the position of the signatory.
  
  The notice of opposition filed on behalf of several persons shall be signed by all such persons or by their common representative. In such case, the power of attorney confirming the authority of the common representative shall be signed by all the persons represented.
  
  Signatures on notices of opposition shall be transcribed into the surname and initials of the signatory. When the notice of opposition is submitted in writing on paper by a legal entity or an equivalent organization, the signatures on it shall be certified by the seal of that legal entity (equivalent organization), if the legal entity (equivalent organization) has a seal in accordance with the legislation of the state of its location.
11. The following shall be attached to the notice of opposition:
  (1) a document confirming payment of the opposition fee;
  
  (2) a power of attorney confirming the representative’s authority, if the notice of opposition is filed through a representative. The power of attorney shall be in simple written form and does not require notarization. The power of attorney shall be signed by the person filing the notice of opposition, in accordance with the requirements of paragraph 2.10 of these Rules. The power of attorney issued by the represented person shall specifically stipulate the representative’s right to sign the notice of opposition, to waive, in whole or in part, the claims contained in it, to transfer his or her powers of representation to another person (sub-delegation), and to appeal the decision on the opposition. The power of attorney shall indicate the date of its issuance;
  
  (3) documents (copies thereof) referred to by the person filing the notice of opposition in support of the grounds for revocation of the Eurasian patent set forth in the notice of opposition. The files of the opposed Eurasian patent need not be attached;
  
  (4) a translation into Russian of the notice of opposition and documents referred to in subparagraphs (2) and (3) of this paragraph, if they are not written in Russian.
12. The document referred to in paragraph 2.11(1) of these Rules shall be submitted together with the notice of opposition or before the expiry of the time limit for its filing provided for in Rule 53(1) of the Patent Regulations.
  The documents referred to in paragraphs 2.11(2) to 2.11(4) of these Rules shall be submitted together with the notice of opposition either within two months from the date of its filing or from the date of notification by the Eurasian Office of the necessity to submit the specified document, whichever expires later.
  
  If the documents referred to by the person filing the notice of opposition and/or their translation into Russian are not submitted within the specified time limit and no request to prolong that time limit has been filed, the Eurasian Office may disregard their content and the arguments derived from such documents.
13. If the notice of opposition is submitted to the Eurasian Office in writing on paper, the notice of opposition and accompanying documents, except for the power of attorney and the document confirming payment of the fee, shall be filed in two copies.
  If several notices of opposition are filed in respect of the same Eurasian patent, the notice of opposition and the accompanying documents referred to in the previous paragraph shall be filed in two more copies than the number of copies of other oppositions filed.
  
  In cases where other notices of opposition are filed after the first notice of opposition, the missing copies of the notice of opposition and the documents attached thereto shall be submitted at the request of the Eurasian Office within the time limits specified in the request.

III. Examination of the notice of opposition filed for its compliance with established requirements

1. The notice of opposition filed with the Eurasian Office shall be registered and assigned an incoming number.
2. Within one month after the filing, the Eurasian office shall examine the notice of opposition for compliance with the requirements established by Section II of the present Rules.
  In the event that there are no deficiencies listed in paragraphs 3.3 and 3.4 in the present Rules, the Eurasian Office shall notify the person who filed the notice of opposition that it has been accepted for examination. The notification referred to in this paragraph shall be sent by the Eurasian Office via the EAPO-ONLINE electronic exchange system if the person who filed the notice of opposition and/or their representative is a registered user of that system.
3. The notice of opposition shall be deemed not to have been filed if:
  (1) the time limit for filing a notice of opposition provided for in Rule 53(1) of the Patent Regulations has not been respected;
  
  (2) the document confirming payment of the opposition fee has not been submitted within the time limit, provided for in Rule 53 (1) of the Patent Regulations, or the fee paid is less than the amount specified;
  
  (3) the notice of opposition does not specify the grounds for revocation of the Eurasian patent from among those provided for in Rule 53(2) of the Patent Regulations;
  
  (4) the notice of opposition is filed not in Russian and its translation into Russian is not submitted within two from the date of receipt of the notice of opposition or within the time period for filing, whichever expires later;
  
  (5) the notice of opposition is filed by the person not residing permanently or not having a permanent seat in any of the Contracting States, and a Eurasian patent attorney has not been appointed in accordance with Article 15(12) of the Convention within the period specified in the notification of the Eurasian Office;
  
  (6) the notice of opposition is not signed by the person who filed it or their representative;
  
  (7) the power of attorney is not submitted together with the notice of opposition or within the time limits specified in clause 2.12 of these Rules, or the power of attorney does not specify the authority to conduct proceedings on the opposition.
4. The notice of opposition shall not be admitted for examination, if:
  (1) the notice of opposition does not allow to identify the person who filed it;
  
  (2) the notice of opposition does not allow to identify the Eurasian patent against which it was filed. Though a simple indication of the Eurasian patent number, as a rule, is sufficient for identification;
  
  (3) the notice of opposition does justify at least one of the grounds for revocation of the Eurasian patent specified in the opposition;
  
  (4) the notice of opposition does not allow to establish whether the request for revocation of the Eurasian patent applies to all claims or only to some of them;
  
  (5) the notice of opposition does not contain all the necessary data about the person who filed it, including the name, address, and the country in which he/she has their permanent place of residence or permanent domicile. This information must be provided even in cases where some of it allows the person who filed the opposition to be identified;
  
  (6) the notice of opposition does not contain all the necessary data about representative of the person filing the opposition;
  
  (7) the notice of opposition does not contain all the necessary data regarding the Eurasian patent against which the opposition is filed, including the number of the Eurasian patent, the name or title of the patent owner, and the title of the invention for which the Eurasian patent was granted. In the absence of such information, it shall be provided even in cases where one of these details allows the Eurasian patent to be identified;
  
  (8) the requirements for filing an opposition set forth in paragraph 2.5 of these Rules have not been complied with.
5. The deficiencies referred to in paragraphs 3.3(2) to 3.3(4) and 3.4(1) to 3.4(4) may be remedied before the expiry of the time limit for filing a notice of opposition provided for in Rule 53(1) of the Patent Regulations.
  Deficiencies specified in paragraphs 3.3(5) – 3.3(7) and 3.4(5) – 3.4(8) may be remedied within the time limit set by the Eurasian Office.
6. If deficiencies specified in paragraphs 3.3 and 3.4 of these Rules are found and can still be remedied, the person who filed the notice of opposition shall be sent a notification with a request to submit the missing documents (information) or take the necessary actions within the specified period.
  If deficiencies are found that cannot be remedied due to the expiration of the time period for filing the notice of opposition or the time period specified in the notification from the Eurasian office, the notice of opposition under paragraphs 3.3 and 3.4 of these Rules shall be deemed not to have been filed or shall be refused for consideration, respectively, and the Eurasian Office shall notify the person who filed the notice of opposition thereof.

IV. Notifying the patent owner with the notice of opposition. Responding to the opposition and submitting amendments to the Eurasian patent

1. After registration of the notice of opposition, one copy of the notice shall be sent to the patent owner or his representative, if any.
  If the patent owner and/or his representative are registered users of the EAPO-ONLINE electronic exchange system, the notice of opposition shall be sent in electronic form through this system.
2. If there are no deficiencies listed in paragraphs 3.3 and 3.4 of these Rules that prevent further substantive examination of the notice of opposition, the Eurasian Office shall, immediately after the expiration of the period for filing oppositions provided for in Rule 53 (1) of the Patent Regulations, send a notification to the patent owner with a request to submit a response to the opposition and, if necessary, make corrections and/or amendments to the claims, description, and drawings of the invention within the period specified in the notification.
  If the deficiencies in the notice of opposition were remedied after the expiry of the time limit for filing oppositions provided for in Rule 53 (1) of the Patent Regulations, but within the time limits specified in the notification of the Eurasian Office (first paragraph of section 3.5 of these Rules), the notification referred to in the preceding paragraph shall be sent without delay after the relevant deficiencies have been remedied.
  
  The notifications referred to in the first and second paragraphs of this section shall be sent by the Eurasian Office via the EAPO-ONLINE electronic exchange system if the patent owner and/or his representative are registered users of that system.
3. If the Eurasian patent specifies several patent owners who are entitled, in accordance with Article 15 (12) of the Convention to deal with the Eurasian Office independently, who have not appointed a single representative, the Eurasian Office shall recognize the patent owner specified first in the Eurasian patent as the common representative and shall send the notice of opposition and notification to that patent owner.
4. If several notices of opposition are filed against the grant of the same Eurasian patent, the Eurasian Office shall inform all persons who have filed such oppositions, simultaneously sending a notification to the patent owner in accordance with paragraph 4.2 of these Rules.
5. The patent owner has the right to submit a response to the notice of opposition (hereinafter referred to as the response) to the Eurasian Office, stating the arguments against the claims contained in the notice of opposition, as well as propose changes and amendments to the Eurasian patent, taking into account the requirements set forth in paragraph 4.7 of these Rules.
  The response and accompanying documents shall be submitted to the Eurasian Office in printed form on paper or in electronic form via the EAPO-ONLINE electronic exchange system if the patent owner and/or his representative are registered users of that system. The response and accompanying documents submitted to the Eurasian Office in printed form on paper shall be submitted in two copies.
  
  When filing several oppositions in relation to the same Eurasian patent, the response and accompanying documents shall be submitted separately for each notice of opposition in a number of copies exceeding the number of oppositions filed by one copy.
6. The response shall include:
  (1) the name or designation of the patent owner, his place of residence or location;
  
  (2) the number of the Eurasian patent, the title of the invention;
  
  (3) the name or designation of the person who filed the notice of opposition, and in the case of several oppositions, the names or designations of the persons who filed them;
  
  (4) the patent owner’s arguments against the claims made in the opposition.
  
  The response shall be signed by the patent owner or his representative in accordance with the procedure provided for in paragraph 2.10 of these Rules.
  
  In cases where a new representative has been appointed as the patent owner, or where the power of attorney issued to the previously appointed representative contained in the Eurasian patent file does not grant the authority to engage in the examination of the opposition, the power of attorney shall be attached to the response submitted through the representative.
  
  Copies of documents referred to in the response in support of the arguments made shall be attached to the response. The files of the opposed Eurasian patent need not to be attached.
  
  Documents referred to by the patent owner and/or their translation into Russian, if they are not written in Russian, which are not submitted together with the response, shall be provided at the request of the Eurasian Office within the time limit set by the Eurasian Office. If such documents and/or their translation into Russian are not submitted within the specified period and no request for an extension of this period has been filed, the Eurasian Office may disregard arguments based on these documents.
7. The patent owner has the right to submit proposals for amendments to the Eurasian patent. The amendments to the claims and, if necessary, the description of the invention and the drawings proposed by the patent owner shall be related to the grounds specified in Rule 53(2) of the Patent Regulations.
  Amendments to the claims may be submitted together with the response to the opposition or at any time after it has been sent to the Eurasian Office, but no later than one month before the scheduled date of the Eurasian Office’s collegium of examiners meeting, or within two months from the date of the collegium of examiners meeting that determined, as a result of examining the opposition, that the Eurasian patent can be maintained provided that the claims are amended.
  
  The amendments to the description, claims, and drawings of the invention proposed by the patent owner, with the exception of corrections of technical and obvious errors, shall be made within the scope of the disclosure of the invention in the description.
  
  At the same time, the amendments submitted shall not introduce features into the claims of the invention that were not present in the original files of the Eurasian application and shall not lead to an expansion of the scope of legal protection provided by the Eurasian patent as granted.
  
  When making amendments to the claims, the patent owner shall, unless it is obvious, indicate the places in the description in the original materials of the Eurasian application on the basis of which these corrections and changes are made.
  
  In addition, the patent owner shall provide explanations regarding the patentability of the invention, taking into account the proposed amendments, the state of the art, and the grounds for opposition.
  
  The proposed amendments shall not contradict other requirements established by the Patent Regulations, except for the requirement of the unity of the invention.
  
  Proposals on changes and amendments shall be submitted in the form of substituted pages.
8. The Eurasian office shall send the response and the amendments proposed by the patent owner to the Eurasian patent to the person who filed the notice of opposition, and if several oppositions have been filed, to all persons who filed them. If the aforementioned persons and/or their representatives are registered users of the EAPO-ONLINE electronic exchange system, the response and the amendments to the Eurasian patent proposed by the patent owner shall be sent to them in electronic form via the specified system.
  If deemed necessary, the Eurasian Office shall invite the person who filed the notice of opposition to submit their comments on the response and the amendments proposed by the patent owner within the period specified in the notification.

V. Substantive examination of the notice of opposition

1. The notice of opposition that meets the established requirements and is accepted for substantive examination shall be examined within six months from the date of its receipt by the Eurasian Office.
2. The substantive examination of the notice of opposition and a decision on it on behalf of the Eurasian Office shall be carried out by a collegium consisting of at least three examiners, full-time employees of the Eurasian Office, at least two of whom were not involved in the decision to grant the opposed Eurasian patent.
  The chair of the collegium shall be appointed from among the examiners who were not involved in the decision to grant the opposed Eurasian patent.
  
  One of the examiners shall be in charge of all the proceedings on the notice of opposition prior to the adoption of a decision on it.
  
  Members and the chair of the collegium shall be appointed by a person authorized by the President of the Eurasian Office.
  
  The chair of the collegium or one of the appointed examiners of the collegium has the right to act on behalf of the collegium in correspondence with the patent owner or his representative and, as a rule, carries out all the paperwork related to the opposition before sending the collegium’s decision on the opposition.
  
  The joint examination of the opposition shall be preceded by the examination of the notice of opposition, the reference materials, and other documents by each member of the collegium.
3. Substantive examination of the notice of opposition, during which the validity of the claims presented is decided, shall begin after receipt of the response to the notice of opposition; if no response has been submitted – after the expiration of the time period for its submission.
  In cases where the person who files the notice of opposition is invited by the Eurasian office, in accordance with paragraphs 4.8 of these Rules, to present their considerations on the response, the substantive examination of the opposition shall begin after receipt of such considerations; if they have not been submitted – after the expiration of the time period for their submission.
4. If the opposition concerns the revocation a part of the Eurasian patent, the opposition shall be examined only in relation to that part.
5. Examination of the notice of opposition shall be conducted in respect of those grounds for revocation which are supported in the notice.
  The Eurasian Office shall not be obliged to verify the legality of the grant of the Eurasian patent on other grounds listed in Rule 53(2) of the Patent Regulations. The Eurasian Office may consider other grounds listed in Rule 53(2) of the Patent Regulations if it becomes clear from the opposition materials and from the Eurasian patent case that such grounds preclude the effect of the Eurasian patent in full or in part.
6. If the Eurasian Office decides that the Eurasian patent may not be maintained as granted, but its limited maintenance is possible, the patent owner shall be invited to amend the claims and, where necessary, descriptions of the invention and drawings.
7. The amendments to the claims, the description of the invention or the drawings proposed by the patent owner shall be checked for compliance with the requirements of paragraph 4.7 of these Rules, including whether the corrections and amendments made to the claims would lead to broader legal protection under the Eurasian patent as granted, and whether such corrections and amendments contain features that were not absent in the original Eurasian application.
  If the proposed corrections and amendments comply with the established requirements, the notice of opposition shall be examined on the basis of the Eurasian patent text, with due regard to these amendments.
8. If upon examination of the opposition it is established that the Eurasian patent may be maintained in the amended form, compliance with the requirement of unity of invention shall not be verified.
9. Substantive examination of the notice of opposition shall be concluded by a decision without a meeting of the collegium of examiners and without inviting the parties, unless the parties request to hold such a meeting and the Eurasian Office considers it expedient.
10. The preparation and holding of a collegium meeting with the invitation of the parties shall be carried out in accordance with the procedure provided for in Section XIII of these Rules.

VI. Evidence that supports the arguments of the opposition or response, and new grounds for revocation of the Eurasian patent submitted after the expiry of the prescribed period

1. The Eurasian Office shall have the right not to take into consideration evidence in support of the arguments set out in the opposition or response, as well as new grounds for revoking the Eurasian patent submitted by the parties after the expiry of the prescribed period.
  When deciding on the admissibility of new grounds for revoking a Eurasian patent or evidence submitted after the expiry of the prescribed period, their capability to affect the decision on the opposition is taken into consideration, as well as the stage of the opposition proceedings and the reasons why such grounds or evidence were not submitted within the prescribed period.
2. If new grounds for revocation of a Eurasian patent or evidence submitted after the expiry of the prescribed time limit are not taken into consideration, this shall be indicated in the decision on the opposition.

VII. Suspension and resumption of opposition proceedings

1. If, during the opposition proceedings, a third person submits evidence to the Eurasian office that he/she has brought an action in respect of the right to the opposed Eurasian patent, the opposition proceedings shall be suspended unless that party consents in writing to the continuation of the opposition proceedings. The decision to suspend the proceedings shall not be taken before the opposition is accepted as admissible.
  In case of suspension of opposition proceedings, the Eurasian office shall immediately inform each party thereof.
2. Upon receipt of proof that a final decision has been rendered in the above-mentioned dispute over the right to a Eurasian patent and that it has come into force, and upon receipt of a request submitted in accordance with Rule 7 of the Patent Regulations by a person recognized by the court as the authorized holder of the right to a Eurasian patent, the Eurasian Office shall resume proceedings on the opposition and notify the parties of the resumption of proceedings on the opposition from the date specified in the notification.
3. Opposition proceedings shall be suspended in the event of the patent owner’s death, if the patent owner is declared legally incapable, of limited legal capacity, or missing, and, where the patent owner is a legal entity, upon its liquidation.
  After registration of the transfer of the right to the Eurasian patent to the new patent owner and, where necessary, the appointment of a person authorized to continue participating in the examination of the opposition on behalf of the patent owner, the Eurasian Office shall, at that person’s request, resume the opposition proceedings and notify the parties of the resumption as of the date specified in the notification.
4. Opposition proceedings shall be suspended, by the decision of the Eurasian Office, in the event of the patent owner representative’s death, declaration of legal incapacity, restriction of legal capacity, or where the representative of the patent owner has been declared missing.
  Upon receipt by the Eurasian Office of a notification from the patent owner appointing a new representative and of a request for resumption of the opposition proceedings, the Eurasian Office shall resume the opposition proceedings upon such request and shall notify the parties thereof, indicating in the notice the date on which the proceedings are deemed resumed.
  
  If, within three months from the date of suspension of the opposition proceedings, the patent owner fails to appoint a new representative, the Eurasian Office shall notify the patent owner as follows:
  
  where the patent owner does not have a permanent residence or domicile in the territory of any Contracting State — of the requirement to appoint a Eurasian patent attorney within two months from the date of dispatch of the notification;
  
  where the patent owner is entitled to act before the Eurasian Office without representation — of the resumption of the opposition proceedings as of the date of dispatch of the notification.
5. Duration of the time limits established under these Rules shall be suspended as of the date on which the opposition proceedings are suspended. Upon resumption of the opposition proceedings, duration of the suspended time limits shall also resume. Where the remaining time period is less than two months, it shall be extended to two months.

VIII. Duration of opposition proceedings

1. If, during the opposition proceedings, the Eurasian patent ceases to have effect in all Contracting States, the opposition proceedings may be continued upon the request of the person who filed the opposition, provided that such request is submitted within two months from the date of dispatch of the notification by the Eurasian Office informing that person of the termination of the Eurasian patent.
  If no such request is received within the aforementioned period, the opposition proceedings shall be terminated without any decision on the opposition.
2. In the event of the death, declaration of legal incapacity, restriction of legal capacity, or declaration of missing of the person who filed the opposition, or, if the opposition was filed by a legal entity, in the event of its liquidation, the opposition proceedings may be continued at the discretion of the Eurasian Office even without the participation of the heirs, legal successors, or authorized representatives of the person who filed the opposition, provided that by that stage of the opposition proceedings it is established that a decision to revoke the Eurasian patent or to amend it may be passed.

IX. Decisions based on examination of opposition

1. The administrative revocation procedure may result in one of the decisions provided for in Rule 53(8) of the Patent Regulations.
  Decisions may be taken solely on such grounds and evidence on which the parties have had an opportunity to present their observations.
2. If the Eurasian Office concludes that the grounds referred to in Rule 53(2) of the Patent Regulations preclude the effect of the Eurasian patent, a decision to revoke the Eurasian patent shall be adopted.
  A decision to revoke a Eurasian patent shall also be taken in cases where the patent owner:
  
  (1) has not agreed to the proposal of the Eurasian Office to limit the Eurasian patent in accordance with Rule 53(9) of the Patent Regulations;
  
  (2) has not submitted, in the cases provided for in paragraphs 5.6 and 9.4 of these Rules, amended claims, as well as, if proposed by the Eurasian Office, amended descriptions and drawings;
  
  (3) has submitted amended claims that does not meet the requirements of paragraph 4.7 of these Rules;
  
  (4) failed to pay the fee for the publication of a new description for a Eurasian patent in due time.
3. If the Eurasian Office concludes that the grounds for opposition specified in Rule 53(2) of the Patent Regulations do not prejudice the maintenance of the Eurasian patent as granted, a decision to decline the opposition shall be taken.
4. If the Eurasian Office concludes that, given the amendments made to the Eurasian patent, the invention meets the requirements of the Convention and the Patent Regulations, a decision shall be made to maintain the Eurasian patent in its amended form, provided that the patent owner agrees to the Eurasian Office’s proposal to limit the Eurasian patent and submits the relevant amendments to the invention claims and, if necessary, the description and drawings within the specified time limit.
  The decision to maintain the Eurasian patent in its amended form shall come into force subject to the payment of the fee for publication of a new description of the invention to the Eurasian patent within the established time limits. In case of failure to pay the fee for publication of a new description of the invention to the Eurasian patent in due time, a decision shall be made to revoke the Eurasian patent in accordance with paragraph 9.2 of these Rules.
  
  The amended Eurasian patent shall remain in force under the same number.
  
  The decision on the opposition shall be reasoned and shall indicate the time periods and procedure for its appeal.
5. When the decision is rendered at a collegium meeting, it may be announced orally. Subsequently, the Eurasian office shall issue a written decision and send it to all the parties involved in the examination of the opposition.
  The decision on the opposition must be reasoned and indicate the time limits and procedure for appealing it.
6. Subject to paragraph 9.4 of these Rules, the decision on the opposition shall enter into force upon expiry of the time limit for filing an appeal, unless it has been appealed in accordance with Part X of these Rules.
  If an appeal is filed, actions related to the implementation of the decision on the opposition, including amendments to the Register of Eurasian Patents and publication of information on the decision on the opposition in the EAPO Gazette “Inventions (Eurasian applications and patents)”, shall not be performed until a final decision on the opposition is made, taking into account the results of the appeal.

X. Filing of an appeal

1. In case of disagreement with the decision, any party in the examination of opposition may contest this decision by filing an appeal to the President of the Eurasian Office. The other party involved in the examination of opposition shall have the right to participate in the appeal proceedings.
  Persons whose notices of opposition were not deemed as having been filed or were not accepted for examination shall not have the right to participate in the appeal proceedings.
2. The patent owner’s successor shall have the right to file an appeal and participate in the appeal proceedings only after registering the transfer of the right to the Eurasian patent in accordance with the established procedure.
  The right to file an appeal and participate in the appeal proceedings as the person who filed the notice of opposition may be transferred to other persons by way of universal succession (inheritance, reorganization of a legal entity). In such cases, documents confirming such succession must be submitted.
  
  Successors of persons who participate in the examination of the opposition and who do not have a permanent residence or domicile in the territory of any Contracting State may file an appeal and participate in the appeal proceedings, provided that they comply with the established requirements for mandatory representation.
3. An appeal may be filed within four months from the date of notification of the decision on the opposition in writing. The time for filing an appeal shall not be extended, and the right to file an appeal lost due to failure to meet this time limit shall not be restored.
4. An appeal shall contain:
  (1) information identifying the person filing the appeal, including the surname, first name, patronymic (if used) or name of the person filing the appeal, their permanent address or domicile;
  
  (2) an indication of the appealed decision on the opposition and an indication of the part of the decision that is to be revoked or amended;
  
  (3) arguments and grounds for revoking or amending the decision on the opposition.
5. A fee shall be paid for filing an appeal, as provided for in Rule 53(8) of the Patent Regulations and paragraph 7(3) of the Statute on Fees.
  A document confirming the fee payment shall be submitted together with the appeal.
6. The requirements set forth in Sections II and III of these Rules with respect to oppositions shall apply to appeals, the procedure for their filing, and their acceptance for examination.
  If the appeal meets the requirements set forth in Section II of these Rules, the Eurasian Office shall accept the appeal for substantive examination.
7. An appeal shall be deemed not to have been filed if the time limit for its filing, as established by Rule 53(8) of the Patent Regulations, has not been observed, as well as in the cases provided for in subparagraphs (1), (2), (4) to (7) of paragraph 3.3 of these Rules.
8. An appeal shall not be accepted for examination if:
  (1) the appeal is filed by a person who does not have the right to file an appeal in accordance with paragraphs 10.1 and 10.2 of these Rules;
  
  (2) the appeal does not contain information specified in subparagraphs (1) – (3) of paragraph 10.4 of these Rules, and this information is not submitted before the expiration of time limits for filing an appeal.
9. A notice of the receipt of the appeal, with a copy attached, shall be sent to the persons involved in the appeal examination procedure. The notice shall contain a request to the relevant party to submit their comments and proposals regarding the appeal within the period specified in the notice.

XI. Examination of appeals

1. Provisions of these Rules regulating the opposition examination procedure shall apply respectively to the appeal examination procedure.
2. Appeals that meet the requirements set forth in Section X of these Rules shall be considered by a collegium appointed by the President of the Eurasian Office.
  The collegium appointed for appeal examination or opposition re-examination shall consist of at least three persons who are full-time employees of the Eurasian Office, at least two of whom were not involved in the rendering of the decision to grant the Eurasian patent against which the notice of opposition was filed and in the rendering of a decision on the opposition against which the appeal was filed.
3. During the appeal proceedings submission of new grounds for revoking a Eurasian patent, from among those provided for in Rule 53(2) of the Patent Regulations, which were not specified in the notice of opposition, and/or new evidence shall be allowed in exceptional cases, given the provisions of paragraph 6.1 of these Rules.
4. Based on the results of the appeal proceedings, the President of the Eurasian Office shall:
  (1) order a re-examination of the opposition by a collegium if, based on the results of the appeal proceedings, it is established that at least one of the arguments presented therein may be grounds for revoking or amending the contested decision on the opposition;
  
  (2) render a final decision on the opposition if the appeal is rejected and the results of its examination establish that the arguments presented therein do not constitute grounds for revoking or amending the previously adopted decision on the opposition.
  
  The decision made as a result of the re-examination of the opposition may be appealed by the party that did not exercise its right to appeal the decision. The decision made by the President of the Eurasian Office as a result of the appeal examination is final and not subject to appeal.

XII. Withdrawal of the opposition

1. If a notice of opposition is withdrawn prior to a decision on it, the opposition proceedings shall be terminated without any decision being made on it, regardless of the stage of opposition proceedings at which it was withdrawn. The Eurasian Office shall notify the patent owner of the withdrawal of the opposition and the termination of the proceedings.
2. Withdrawal of a notice of opposition after the patent owner’s filing an appeal against the decision to revoke the patent shall not affect the further appeal examination. In this case, the person who withdraws the opposition shall not be entitled to further participate in the appeal examination.
  If the appeal is filed by the person who filed the opposition, withdrawal of the opposition shall result in the termination of appeal proceedings, of which the parties shall be notified.
3. The Eurasian Office shall also decide to terminate the proceedings if the interested party fails to submit, within the prescribed time limit, a request for the resumption or continuation of the proceedings on the opposition suspended in accordance with Sections VII and VIII of these Rules, except in the cases provided for in paragraph 8.2 of these Rules.
  Due to the termination of opposition or appeal proceedings, contested or appealed decision of the Eurasian office shall remain in force.

XIII. Preparation and holding of a meeting of the collegium with the parties invited

1. A meeting of the collegium for examination of oppositions or a collegium for examination of appeals with the invitation of the parties (hereinafter referred to as the collegium meeting) shall be appointed by the Eurasian Office, if it deems it appropriate, or upon a written request from one of the parties.
2. The purpose of the collegium meeting shall be to clarify technical or legal issues which remain unclear or require further discussion after examination of the documents submitted by the parties.
  The collegium meeting shall be held via videoconference. At the request of the parties, they may participate in the collegium meeting in person.
3. When setting the date of the collegium meeting, the parties shall be notified of the time and venue of the collegium meeting if the party (parties) is (are) participating in the collegium meeting in person. The notice may be accompanied by a list of issues that the Eurasian office considers necessary to discuss in order to reach a decision on the opposition or appeal. In this case, the Eurasian office shall have the right to set a date by which the parties may submit written statements, comments and proposals on the abovementioned issues, including amended claims of the invention. The notification referred to in this paragraph shall be sent to the parties via the EAPO-ONLINE electronic exchange system if the parties are registered users of that system.
4. The failure of persons involved in the opposition or appeal proceedings, who have been notified of the time and venue of the collegium meeting, to appear shall not preclude the holding of the meeting.
  The collegium shall have the right to postpone the date of the collegium meeting if it recognizes that examination of the opposition or appeal is impossible due to the failure of persons involved in the proceedings to appear.
5. Upon a reasoned request by either of the parties, the collegium meeting may be postponed. The request shall be granted only if there is evidence of serious circumstances preventing participation in the meeting on the date appointed by the Eurasian Office. If the request is approved, the parties shall be notified of the new date of the collegium meeting.
  The collegium meeting may be postponed at the initiative of the Eurasian Office if there are reasons that preclude the meeting being held on the scheduled date. In this case, the parties shall be notified of the postponement of the meeting as soon as the relevant reasons become known.
6. Examination of an opposition or appeal shall begin with a report on the case presented by the chair or by one of the members of the collegium.
  Further examination of the opposition shall, as a rule, proceed in the following order: the first to speak shall be the person who filed the opposition or their representative, followed by the patent owner or their representative.
  
  Further examination of the appeal shall, as a rule, proceed in the following order: the first to speak shall be the person who filed the appeal or their representative, followed by the other parties or their representatives.
  
  After the statements of the persons involved in the opposition or appeal proceedings, they shall respond to the questions of the members of the collegium.
7. Persons entitled to act before the Eurasian Office on their own and who do not speak Russian may make statements, give explanations, address the collegium and file requests in their native language during the collegium meeting. In such a case, those persons shall ensure the interpretation of all their oral statements into Russian.
8. Minutes shall be taken during the collegium meeting.
  The minutes shall indicate:
  
  the date and venue of the collegium meeting;
  
  the title and number of the opposition or appeal;
  
  information on those present during the opposition or appeal proceedings.
  
  The minutes shall set out the essential aspects of the collegium meeting, including, in particular, information on any new requests filed, new grounds or evidence submitted, proposals for corrections or amendments to the Eurasian patent, as well as legally significant and case-relevant statements made by the parties.
  
  The minutes shall be drawn up in writing and signed by the members of the collegium who participated in the meeting.
9. The Eurasian Office shall make a video recording during the collegium meeting.
  Each party may use a personal computer or other data storage device during the collegium meeting, where necessary, for better illustration of the arguments or evidence referred to in the opposition or in the response thereto.
10. The decision on the opposition shall be taken by a simple majority of votes of the members of the collegium. In the event of a tie, the vote of the chair shall be decisive.
  The collegium meeting shall conclude with the announcement of the operative part of the decision, which shall be reflected in the minutes of the meeting, a copy of which shall be provided to the parties upon conclusion of the collegium meeting, or with information on the further procedure for examining the opposition.
  
  At the request of the person who submitted the opposition and/or of the patent owner who did not attend the collegium meeting, a copy of the minutes may be sent to them within three days from the date of receipt of the request.
  
  The decision of the collegium shall be sent to the parties within one month from the date of the collegium meeting at which the decision on the opposition was taken.

XIV. Publication of data relating to the filing and examination of opposition

1. In accordance with Rule 58 of the Patent Regulations, the Eurasian Office shall publish information on any opposition filed and on the final decision taken as a result of its examination, including, in particular, decisions recognizing the Eurasian patent as wholly or partially invalid.
2. When publishing in the EAPO Gazette “Inventions (Eurasian applications and patents)” information about changes and amendments to the Eurasian patent, a new description of the invention shall be published simultaneously, containing the amended description, claims, and drawings.