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Art. 97 Art. 97


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European Patent Convention (EPC)

EUROPEAN PATENT CONVENTION - Table of Contents
Convention on the Grant of European Patents (European Patent Convention) Preface Implementing Regulations
PART IV - PROCEDURE UP TO GRANT PART III - THE EUROPEAN PATENT APPLICATION PART V - OPPOSITION AND LIMITATION PROCEDURE
Article 97 - Grant or refusal Article 96 - (deleted) Article 98 - Publication of the specification of the European patent

Article 9789, 90
Grant or refusal

Art. 14, 64, 65, 113, 129, 141

R. 71, 72, 111-114, 138, 140



(1) If the Examining Division is of the opinion that the European patent application and the invention to which it relates meet the requirements of this Convention, it shall decide to grant a European patent, provided that the conditions laid down in the Implementing Regulations are fulfilled.


(2) If the Examining Division is of the opinion that the European patent application or the invention to which it relates does not meet the requirements of this Convention, it shall refuse the application unless this Convention provides for a different legal consequence.


(3) The decision to grant a European patent shall take effect on the date on which the mention of the grant is published in the European Patent Bulletin.



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

90 See decision of the Enlarged Board of Appeal G 10/93 (Annex I).


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