This revised version of the Guidelines for Examination will apply as from 1 November 2015. Until then, the September 2014 edition of the Guidelines remains valid.

3. Decision on request for revocation

If the request is for revocation, and is admissible, the Examining Division will revoke the patent and communicate this to the requester (Art. 105b(2) and Rule 95(1)). The decision takes effect on the date on which it is published in the Bulletin (Art. 105b(3)). In accordance with Art. 68, the effect of the decision is that the patent is revoked ab initio, conferring no rights under Art. 64 or 67. As stated in Art. 105b(3), the decision applies to all contracting statesContracting States in respect of which the patent was granted. It is not possible for the patent to be revoked only for some contracting statesContracting States, and not for others.

Quick Navigation