Chapter I – Procedure where the applicant or proprietor is not entitled
Rule 14 15
Limitation of the option to withdraw the European patent application
A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973. |
As from the time when a third party proves to the European Patent Office that he has initiated proceedings concerning entitlement and up to the date on which the European Patent Office resumes the proceedings for grant, neither the European patent application nor the designation of any Contracting State may be withdrawn.
15See decision of the Enlarged Board of Appeal G 3/92 (Annex I).