GL D X 4.5 Third‑party observations during the examination

Art. 115 explicitly covers all proceedings before the EPO, not just pre-grant proceedings. Accordingly, its provisions also apply in principle to revocation and limitation proceedings. Patentability under Art. 115 is to be interpreted in a broader sense, so that issues relating to Art. 84 and Art. 123(2) may also be taken into consideration. The requester could, when responding to an invitation under Rule 95(2), introduce further restrictions intended to address such observations. If he wishes to do this, and no invitation under Rule 95(2) is issued, his only option is to file a further request for limitation.[Art. 115; Rule 114; ]

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EPC Articles

EPC Implementing Rules

EPO Guidelines - D Opposition and Limitation/Revocation Procedures

EPO Guidelines - H Amendments and Corrections

Case Law Book: III Amendments