European Patent Convention
Article 61
European patent applications filed by non-entitled persons

(1)If by a final decision it is adjudged that a person other than the applicant is entitled to the grant of the European patent, that person may, in accordance with the Implementing Regulations:

(a)prosecute the European patent application as his own application in place of the applicant;

(b)file a new European patent application in respect of the same invention; or

(c)request that the European patent application be refused.

(2)Article 76, paragraph 1, shall apply mutatis mutandis to a new European patent application filed under paragraph 1(b).

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