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The European Patent Convention

 
 

Article 61[ 51 ], [ 52 ]
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).
 
Amended by the Act revising the European Patent Convention of 29.11.2000. 
See decision of the Enlarged Board of Appeal G 3/92 (Annex I).
References

Art. 100, 128, 138
R. 6, 14-18, 45, 51, 60, 78, 136, 143, 147