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Guidelines for Examination

 
 

2.3 Partial entitlement

If, by a final decision, it is adjudged that a third party is entitled to the grant of a European patent in respect of only part of the matter disclosed in the European patent application, then the foregoing considerations apply only to that part. In such a case, option (i) mentioned in C‑IX, 2.1 is not open to the third party and, regarding option C‑IX, 2.1(ii), the new application must be confined to that part of the original subject-matter to which he has become entitled. Similarly, the original application must, for the designated States concerned, be confined to the subject-matter to which the original applicant remains entitled. The new application and the amended original application will stand in a relationship to each other similar to that pertaining between two divisional applications, and they will each stand in a relationship to the original application similar to that in which divisional applications stand in relation to the application from which they are divided. The guidance set out in C‑IX, 1.4, 1.5 and 1.6 is therefore applicable to this situation.

References

Rule 18(1)