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European Patent Convention (EPC 1973)

A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973.

Article 100 70

Grounds for opposition

Art. 76, 83, 101, 102, 123
R. 55, 57a

Opposition may only be filed on the grounds that:

(a) the subject-matter of the European patent is not patentable within the terms of Articles 52 to 57;

(b) the European patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;

(c) the subject-matter of the European patent extends beyond the content of the application as filed, or, if the patent was granted on a divisional application or on a new application filed in accordance with Article 61, beyond the content of the earlier application as filed.

70 See decisions/opinions of the Enlarged Board of Appeal G 3/89, G 10/91, G 11/91 ; G 1/95, G 2/95, G 7/95, G 1/99 (Annex I).

Cross-reference list
Art. 100 Art. 100