According to Article 61 of the European Patent Convention (EPC),
(1) 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) Article 76, paragraph 1, of EPC (regulating European divisional applications) shall apply mutatis mutandis to a new European patent application filed under paragraph 1(b) [1].of this article.
Prepared July 14th , 2026
by European Patent Registration and Consulting Services
provided by Lawyers Antevski – European patent law services
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