European patent registration - Interlocutory revision

According to Article 109 of the European Patent Convention (EPC),


If the department whose decision is contested considers the appeal to be admissible and well founded, it shall rectify its decision. This shall not apply where the appellant is opposed by another party to the proceedings. 


If the appeal is not allowed within three months of receipt of the statement of grounds, it shall be remitted to the Board of Appeal without delay, and without comment as to its merit. 


Prepared by European Patent Registration and Consulting Services GmbH