If the opposition division is of the opinion that at least one ground for opposition as set out in Art. 100 prejudices the maintenance of the European patent, it will revoke the patent under Art. 101(2), first sentence. Analogously, if the opposition division is of the opinion that the patent as amended during the course of the opposition proceedings does not meet the requirements of the Convention, it will revoke the patent under Art. 101(3)(b).[Art. 101(2); Art. 101(3)(b); ]
For revocation because the patent proprietor has not agreed to the text, see D‑VI, 2.2, and D‑VIII, 1.2.5.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/d_viii_1_2_1.htm
Date retrieved: 17 May 2021