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:
(a)
prosecute the European patent application as his own application in place of the applicant;
(b)
file a new European patent application in respect of the same invention; or
(c)
request that the European patent application be refused.
(2)