If a final decision 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 and Rules 16 and Rules 17 shall apply to such part.
Where appropriate, the original European patent application shall contain, for the designated 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 Contracting States.
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r18.html
Date retrieved: 17 May 2021
15 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
EPO Guidelines - A Formalities Examination
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
XGL D X 10.2 Limitation is different for different contracting states because the claims as granted were different for different contracting states
EPO Guidelines - H Amendments and Corrections
XGL H III 4.3.1 Different text where a transfer of right takes place pursuant to Art. 61 in examination proceedings