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European patent applications filed by non-entitled persons

Submitted by European Patent... on Tue, 2014-12-02 22:44

 

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.


Source URL: http://www.european-patent-registration.com/application/european-patent-applications-filed-non-entitled-persons

Links:
[1] http://www.epo.org/law-practice/legal-texts/html/epc/2013/e/ar76.html