If by a final decision pursuant to Art. 61 it is adjudged that a third party is entitled to the grant of a European patent, the original European patent application must contain, "where appropriate", for the designated contracting states in which the decision was taken or recognised or must be recognised on the basis of the Protocol on Recognition, claims, a description and drawings which are different from those for the other designated contracting states (see also H‑III, 4.1, and C‑IX, 2).[Art. 61(1)(b); Rule 17; Rule 18(1); Rule 18(2); ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/h_iii_4_3_1.htm
Date retrieved: 17 May 2021