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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 97 65

Refusal or grant

Art. 14, 64, 65, 113, 129, 141
R. 51, 52, 68, 69, 70, 87, 89



(1) The Examining Division shall refuse a European patent application if it is of the opinion that such application or the invention to which it relates does not meet the requirements of this Convention, except where a different sanction is provided for by this Convention.


(2) If the Examining Division is of the opinion that the application and the invention to which it relates meet the requirements of this Convention, it shall decide to grant the European patent for the designated Contracting States provided that:


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


(b) the fees for grant and printing are paid within the time limit prescribed in the Implementing Regulations;


(c) the renewal fees and any additional fees already due have been paid.


(3) If the fees for grant and printing are not paid in due time, the application shall be deemed to be withdrawn.


(4)66 The decision to grant a European patent shall not take effect until the date on which the European Patent Bulletin mentions the grant. This mention shall be published at least two months after the start of the time limit referred to in paragraph 2(b).


(5)66 Provision may be made in the Implementing Regulations for the applicant to file a translation, in the two official languages of the European Patent Office other than the language of the proceedings, of the claims appearing in the text in which the Examining Division intends to grant the patent. In such case, the period laid down in paragraph 4 shall be at least three months. If the translation has not been filed in due time, the application shall be deemed to be withdrawn.


(6)67 At the request of the applicant, mention of grant of the European patent shall be published before expiry of the time limit under paragraph 4 or 5. Such request may only be made if the requirements pursuant to paragraphs 2 and 5 are met.



65 See decision of the Enlarged Board of Appeal G 10/93 (Annex I) and Legal advice No. 17/90 and Legal advice No. 15/05 (rev. 2) (Annex II).

66  Amended by decision of the Administrative Council of 27.10.2005 which entered into force on 01.01.2006 (OJ EPO 2005, 545).

67 Inserted by decision of the Administrative Council of 20.10.1995 which entered into force on 01.01.1996 (OJ EPO 1995, 741).

Cross-reference list
Art. 97 Art. 97