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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 99 69

Opposition

Art. 105
R. 1, 6, 13, 16, 53, 55, 56, 60, 61, 61a, 69, 90, 92



(1) Within nine months from the publication of the mention of the grant of the European patent, any person may give notice to the European Patent Office of opposition to the European patent granted. Notice of opposition shall be filed in a written reasoned statement. It shall not be deemed to have been filed until the opposition fee has been paid.


(2) The opposition shall apply to the European patent in all the Contracting States in which that patent has effect.


(3) An opposition may be filed even if the European patent has been surrendered or has lapsed for all the designated States.


(4) Opponents shall be parties to the opposition proceedings as well as the proprietor of the patent.


(5) Where a person provides evidence that in a Contracting State, following a final decision, he has been entered in the patent register of such State instead of the previous proprietor, such person shall, at his request, replace the previous proprietor in respect of such State. By derogation from Article 118, the previous proprietor and the person making the request shall not be deemed to be joint proprietors unless both so request.



69 See decisions/opinions of the Enlarged Board of Appeal G 4/88, G 5/88, G 7/88, G 8/88, G 10/91, G 9/93, G 1/95, G 7/95, G 3/97, G 4/97, G 3/99, G 1/02 (Annex I).

Cross-reference list
Art. 99(3) R. 75
Art. 99(4), (5) Art. 99(3), (4)