EUROPEAN PATENT – DECISION ON THE REQUEST FOR REVOCATION OR LIMITATION
According to Rule 95 of the European Patent Convention (EPC) Implementing Regulations (IR)
(1)
If a request for revocation is admissible, the Examining Division shall revoke the patent and communicate this to the requester.
(2)
If a request for limitation is admissible, the Examining Division shall examine whether the amended claims constitute a limitation vis-à-vis the claims as granted or amended in opposition or limitation proceedings and comply with Article 84 of the EPC (regulating the claims) and Article 123, paragraphs 2 and 3 of the EPC (regulating amendments). If the request does not comply with these requirements, the Examining Division shall give the requester one opportunity to correct any deficiencies noted, and to amend the claims and, where appropriate, the description and drawings, within a period to be specified.
(3)
If a request for limitation is allowable under paragraph 2 of this rule, the Examining Division shall communicate this to the requester and invite him to pay the prescribed fee and to file a translation of the amended claims in the official languages of the European Patent Office other than the language of the proceedings, within a period of three months;
If the acts required are not performed in due time, they may still be performed within two months of a communication concerning the failure to observe the time limit, provided that a surcharge is paid within this period. Otherwise, the patent shall be revoked.
If the requester performs these acts in due time, the Examining Division shall limit the patent.
(4)
If the requester does not respond in due time to the communication issued under paragraph 2 of this rule or if the request for limitation is not allowable, or if the requester fails to perform the acts required under paragraph 3 of this rule in due time, the Examining Division shall reject the request.
Prepared November 10th , 2023
by European Patent Registration and Consulting Services
provided by Lawyers Antevski – European patent law services
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