If the request is for revocation, and is admissible, the examining division will revoke the patent and communicate this to the requester (Art. 105b(2) and Rule 95(1)). The decision takes effect on the date on which it is published in the Bulletin (Art. 105b(3)).

On receipt of a request for revocation or limitation of a patent, the formalities examiner will examine whether:[Art. 105a; ]

The limitation and revocation procedures are centralised ex parte procedures at the level of the EPO which allow the patent proprietor either to have the claims of the granted patent limited or to have the whole patent revoked for all the designated states.

Any final decision of the EPO fixing the amount of costs must be dealt with, for the purpose of enforcement in the contracting states, in the same way as a final decision given by a civil court of the state in the territory of which enforcement is to be carried out. Verification of any such decision must be limited to its authenticity.[Art. 104(3); ]

"Decision" as referred to above also covers the final fixing of costs by the opposition division.

 

The formalities officer is entrusted with fixing the amount of the costs to be paid to the beneficiary at the request of at least one party. The request from a party to the proceedings to fix the costs is admissible only if the decision in which the apportionment of costs was ordered has become final.[Art. 104(2); Rule 88(2); ]

A list of costs, with supporting evidence in respect of each amount involved, must be attached to the request.