Partial transfer of the right to the European patent

According to Rule 18 of the European Patent Convention (EPC) Implementing Regulations,


If a final decision of the European Patent Office determines that a third party is entitled to the grant of a European patent in respect of only part of the subject-matter disclosed in the original European patent application, Article 61 of EPC (regulating European patent applications filed by non-entitled persons ) and Rules 16 and 17 of the EPC Implementing Regulations (regulating filing of a new European patent application by the entitled person ) shall apply to such part.



Where appropriate, the original European patent application shall contain, for the designated EPC Contracting States in which the decision was taken or recognised or must be recognised on the basis of the Protocol on Recognition, claims, a description and drawings which are different from those for the other designated EPC Contracting States. 


Prepared by European Patent Registration and Consulting Services