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)

Article 76, paragraph 1 [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.