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The European Patent Convention

 
 
Table of Contents - The European Patent Convention
Convention on the Grant of European Patents (European Patent Convention)
Part V Opposition and limitation procedure
Article 101 Examination of the opposition – Revocation or maintenance of the European patent
Article 101[99], [100]
Examination of the opposition – Revocation or maintenance of the European patent 
Art. 65, 68, 103
R. 18, 77-86, 111, 113, 138, 140, 143
(1)
If the opposition is admissible, the Opposition Division shall examine, in accordance with the Implementing Regulations, whether at least one ground for opposition under Article 100 prejudices the maintenance of the European patent. During this examination, the Opposition Division shall invite the parties, as often as necessary, to file observations on communications from another party or issued by itself.
(2)
If the Opposition Division is of the opinion that at least one ground for opposition prejudices the maintenance of the European patent, it shall revoke the patent. Otherwise, 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 European patent during the opposition proceedings, the patent and the invention to which it relates 
(a)
meet the requirements of this Convention, it shall decide to maintain the patent as amended, provided that the conditions laid down in the Implementing Regulations are fulfilled; 
(b)
do not meet the requirements of this Convention, it shall revoke the patent. 
 
[99] Amended by the Act revising the European Patent Convention of 29.11.2000.
[100] See decisions/opinions of the Enlarged Board of Appeal G 1/88, G 1/90, G 1/91, G 9/91, G 10/91, G 9/92, G 4/93, G 1/99, G 1/02 (Annex I).
References
Art. 65, 68, 103
R. 18, 77-86, 111, 113, 138, 140, 143
 
Cross-reference list
EPC EPC 1973
Art. 101(2)Art. 102(1), (2)
Art. 101(3)(a)Art. 102(3)