EUROPEAN PATENT – REJECTION OF THE REQUEST FOR LIMITATION OR REVOCATION AS INADMISSIBLE

According to Rule 94 and other regulations of the European Patent Convention (EPC) Implementing Regulations (IR)

If the Examining Division finds that the request for limitation or revocation fails to comply with the requirements of Rule 92 of the EPC IR i.e. does not contain:

particulars of the proprietor of the European patent making the request (the requester) and an indication of the EPC Contracting States for which the requester is the proprietor of the patent;

the number of the patent whose limitation or revocation is requested, and a list of the EPC Contracting States in which the patent has taken effect;

where appropriate, the names and addresses of the proprietors of the patent for those EPC Contracting States in which the requester is not the proprietor of the patent and evidence that the requester is entitled to act on their behalf in the proceedings;

where limitation of the patent is requested, the complete version of the amended claims and, as the case may be, of the amended description and drawings;

where the requester has appointed a representative, particulars of the representative,

it shall invite the requester to correct the deficiencies noted, within a period to be specified. If the deficiencies are not corrected in due time, the Examining Division shall reject the request as inadmissible.

Prepared July 11th , 2023

by European Patent Registration and Consulting Services prov. by Lawyers Antevski – European patent law services

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