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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 IV Procedure up to grant
Article 97 Grant or refusal
Article 97[92], [93]
Grant or refusal
Art. 14, 64, 65, 113, 129, 141
R. 71, 72, 111-114, 138, 140
(1)
If the Examining Division is of the opinion that the European patent application and the invention to which it relates meet the requirements of this Convention, it shall decide to grant a European patent, provided that the conditions laid down in the Implementing Regulations are fulfilled. 
(2)
If the Examining Division is of the opinion that the European patent application or the invention to which it relates does not meet the requirements of this Convention, it shall refuse the application unless this Convention provides for a different legal consequence. 
(3)
The decision to grant a European patent shall take effect on the date on which the mention of the grant is published in the European Patent Bulletin. 
 
[92] Amended by the Act revising the European Patent Convention of 29.11.2000.
[93] See decision of the Enlarged Board of Appeal G 10/93 (Annex I).
References
Art. 14, 64, 65, 113, 129, 141
R. 71, 72, 111-114, 138, 140