European patent application - Grant or refusal

According to Article 97 of the European Patent Convention (EPC)

(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. 

Prepared by European Patent Registration and Consulting Services GmbH