The European Patent Office (EPO) disclosed on 2 November two proposed rule changes to simplify opposition proceedings: notices of opposition would have to be filed on EPO Form 2300, and parties citing patent documents available to the EPO could give the publication number instead of filing copies. The proposals were presented at the 22 October meeting of the SACEPO Working Party on Rules. They still go to the Administrative Council, and if adopted the opposition measures are expected to apply from 1 October 2027.
The two rules
Rule 76 EPC: the notice of opposition would have to be filed using EPO Form 2300.
Rule 83 EPC: parties could indicate the publication number of patent documents available to the EPO instead of filing copies.
Both measures build on a consultation launched in 2025 and aim to make oppositions simpler and more digital. The same package includes a non-opposition change: parties and representatives could choose to give an email address under Rule 41(2) EPC so that the EPO can contact them where needed, with entry into force planned for 1 April 2027.
How users reacted
According to the EPO, SACEPO members broadly welcomed the proposals and stressed the need for clear communication to help users adapt to the new opposition filing procedure. The meeting also discussed the advantages and details of the opposition document citation system in depth.
J&C recommends that applicants and firms who regularly file or defend EPO oppositions start building their templates around Form 2300 and keep citation lists by publication number, noting whether each document is a patent document available to the EPO. Until the Administrative Council adopts and publishes the changes, oppositions must still follow the current rules.
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