A.61 EPC European patent applications filed by non-entitled persons

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. 
Article 76, paragraph 1, shall apply mutatis mutandis to a new European patent application filed under paragraph 1(b).
[ Art. 100 128 138 R. 6 14 18 45 51 60 78 136 143 147 ]
Amended by the Act revising the European Patent Convention of 29.11.2000. 
See decision of the Enlarged Board of Appeal G 3/92 (Annex I).

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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

EPO Guidelines - E General Procedural Matters

EPO Guidelines - G Patentability

EPO Guidelines - H Amendments and Corrections

Offical Journal of the EPO

Case Law Book: II Conditions to be met by an Application

Case Law Book: III Amendments

Case Law Book: IV Divisional Applications

Case Law of the Enlarged Board

General Case Law