EUROPEAN PATENT CONVENTION - Table of Contents Convention on the Grant of European Patents (European Patent Convention) PART II - SUBSTANTIVE PATENT LAW Chapter II - Persons entitled to apply for and obtain a European patent - Mention of the inventor Article 61 - European patent applications filed by non-entitled persons

Article 6149, 50 European patent applications filed by non-entitled persons

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

(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).

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

50 See decision of the Enlarged Board of Appeal G 3/92 (Annex I).