European patent applications filed by non-entitled persons


According  to Art. 61 of the European Patent Convention 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: 



prosecute the European patent application as his own application in place of the applicant; 


file a new European patent application in respect of the same invention; or 


request that the European patent application be refused. 


Article 76, paragraph 1,( European divisional application) shall apply mutatis mutandis to a new European patent application filed under paragraph 1(b of the Art. 61.of the EPO Convention.


Prepared by European Patent Registration and Consulting Services GmbH.