EUROPEAN PATENT CONVENTION - Table of Contents Convention on the Grant of European Patents (European Patent Convention) PART VIII - IMPACT ON NATIONAL LAW Chapter II - Revocation and prior rights Article 138 - Revocation of European patents

Article 138149 Revocation of European patents

Art. 76, 83, 123

(1) Subject to Article 139, a European patent may be revoked with effect for a Contracting State only on the grounds that:

(a) the subject-matter of the European patent is not patentable under Articles 52 to 57;

(b) the European patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;

(d) the protection conferred by the European patent has been extended; or

(e) the proprietor of the European patent is not entitled under Article 60, paragraph 1.

(2) If the grounds for revocation affect the European patent only in part, the patent shall be limited by a corresponding amendment of the claims and revoked in part.

(3) In proceedings before the competent court or authority relating to the validity of the European patent, the proprietor of the patent shall have the right to limit the patent by amending the claims. The patent as thus limited shall form the basis for the proceedings.

149 Amended by the Act revising the European Patent Convention of 29.11.2000.

150 See decisions/opinions of the Enlarged Board of Appeal G 3/89, G 11/91, G 2/95 (Annex I).