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:
prosecute the European patent application as his own application in place of the applicant;
file a new European patent application in respect of the same invention; or
request that the European patent application be refused.
[
Art. 100 128 138 R. 6 14 18 45 51 60 78 136 143 147 ]
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EPC Articles
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EPC Implementing Rules
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EPO Guidelines - A Formalities Examination
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EPO Guidelines - C Procedureal Aspects of Substantive Examination
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EPO Guidelines - D Opposition and Limitation/Revocation Procedures
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EPO Guidelines - E General Procedural Matters
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EPO Guidelines - G Patentability
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EPO Guidelines - H Amendments and Corrections
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Offical Journal of the EPO
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Case Law Book: II Conditions to be met by an Application
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Case Law Book: III Amendments
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Case Law Book: IV Divisional Applications
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Case Law of the Enlarged Board
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General Case Law
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