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European Patent Convention (EPC 1973)

 
 

Rule 16 18

Partial transfer of right by virtue of a final decision

Art. 102, 123



(1) If by a final decision it is adjudged that a third party is entitled to the grant of a European patent in respect of only part of the matter disclosed in the European patent application, Article 61 and Rule 15 shall apply mutatis mutandis to such part.


(2) Where appropriate, the original European patent application shall contain, for the designated Contracting States in which the decision was taken or recognised, claims, a description and drawings which are different from those for the other designated Contracting States.


(3) Where a third party has, in accordance with Article 99, paragraph 5, replaced the previous proprietor for one or some of the designated Contracting States, the patent as maintained in opposition proceedings may contain for these States claims, a description and drawings which are different from those for the other designated Contracting States.



18 See decision of the Enlarged Board of Appeal G 3/92 (Annex I).

Cross-reference list
R. 16(1), (2) R. 18
R. 16(3) R. 78