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The European Patent Convention

 
 
Article 61[50], [51]
European patent applications filed by non‑entitled persons 
(1)
If by a final decision it is adjudged that a person other than the applicant is entitled to the grant of the European patent, that person may, in accordance with the Implementing Regulations: 
(a)
prosecute the European patent application as his own application in place of the applicant; 
(b)
file a new European patent application in respect of the same invention; or 
(c)
request that the European patent application be refused. 
(2)
Article 76, paragraph 1, shall apply mutatis mutandis to a new European patent application filed under paragraph 1(b).
 
[50] Amended by the Act revising the European Patent Convention of 29.11.2000.
[51] See decision of the Enlarged Board of Appeal G 3/92 (Annex I).
References