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The European Patent Convention

 
 

Rule 18[ 19 ]
Partial transfer of the right to the European patent

(1)
If a final decision determines that a third party is entitled to the grant of a European patent in respect of only part of the subject-matter disclosed in the original European patent application, Article 61 and Rules 16 and 17 shall apply 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 or must be recognised on the basis of the Protocol on Recognition, claims, a description and drawings which are different from those for the other designated Contracting States. 
 
See decision of the Enlarged Board of Appeal G 3/92 (Annex I).
References

Art. 101, 118, 123
R. 138

 
Cross-reference list
EPC EPC 1973
R. 18R. 16(1), (2)