CLR III K 3.3 European patent takes effect and jurisdiction after pendency

A request under R. 139 EPC for amendments to the description or claims can only be filed during the pendency of application or opposition proceedings. Under Art. 97(3) EPC, the decision to grant a European patent takes effect on the date on which the mention of the grant is published in the European Patent Bulletin. After that date, R. 139 EPC can only be applied while opposition proceedings were pending. See, for example, J 42/92, where the board also pointed out that there was no reason why, once no application or opposition proceedings were pending before the EPO, decisions on the question of corrections should not fall within the sole jurisdiction of the national courts or other authorities responsible for proceedings in which this question might arise (see also T 777/97).

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