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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 102 72

Revocation or maintenance of the European patent

Art. 65, 68, 103
R. 16, 58, 68, 70, 87, 89, 92



(1) If the Opposition Division is of the opinion that the grounds for opposition mentioned in Article 100 prejudice the maintenance of the European patent, it shall revoke the patent.


(2) If the Opposition Division is of the opinion that the grounds for opposition mentioned in Article 100 do not prejudice the maintenance of the patent unamended, it shall reject the opposition.


(3) If the Opposition Division is of the opinion that, taking into consideration the amendments made by the proprietor of the patent during the opposition proceedings, the patent and the invention to which it relates meet the requirements of this Convention, it shall decide to maintain the patent as amended, provided that:


(a) it is established, in accordance with the provisions of the Implementing Regulations, that the proprietor of the patent approves the text in which the Opposition Division intends to maintain the patent;


(b) the fee for the printing of a new specification of the European patent is paid within the time limit prescribed in the Implementing Regulations.


(4) If the fee for the printing of a new specification is not paid in due time, the patent shall be revoked.


(5) Provision may be made in the Implementing Regulations for the proprietor of the patent to file a translation of any amended claims in the two official languages of the European Patent Office other than the language of the proceedings. If the translation has not been filed in due time the patent shall be revoked.



72 See Legal advice No. 11/82 and No. 15/05 (rev. 2) (Annex II) and decisions/opinions of the Enlarged Board of Appeal G 1/88, G 1/90, G 1/91, G 9/91, G 10/91, G 1/99, G 1/02 (Annex I).

Cross-reference list
Art. 102(1), (2) Art. 101(2)
Art. 102(3) Art. 101(3)(a)