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PART IV – PROCEDURE UP TO GRANT

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  1. Home
  2. European Patent Convention (EPC 1973) – Table of Contents
  3. European Patent Convention
  4. Part IV
  5. Article 96
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Article 96 – Examination of the European patent application

Article 90 – Examination on filing
Article 91 – Examination as to formal requirements
Article 92 – The drawing up of the European search report
Article 93 – Publication of a European patent application
Article 94 – Request for examination
Article 95 – Extension of the period within which requests for examination may be filed
Article 96 – Examination of the European patent application
Article 97 – Refusal or grant
Article 98 – Publication of a specification of the European patent

Article 96
Examination of 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.

(1) If the applicant for a European patent has filed the request for examination before the European search report has been transmitted to him, the European Patent Office shall invite him after the transmission of the report to indicate, within a period to be determined, whether he desires to proceed further with the European patent application.

(2) 64 If the examination of a European patent application reveals that the application or the invention to which it relates does not meet the requirements of this Convention, the Examining Division shall invite the applicant, in accordance with the Implementing Regulations and as often as necessary, to file his observations within a period to be fixed by the Examining Division.

(3) If the applicant fails to reply in due time to any invitation under paragraph 1 or paragraph 2, the application shall be deemed to be withdrawn.


64See decisions of the Enlarged Board of Appeal G 7/93, G 10/93 (Annex I).

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EPC - Reference
  • R. 51, 69, 70, 86, 87
Cross-reference list
  • EPC 1973EPC 2000
    Art. 96(1) R. 70
    Art. 96(2), (3) Art. 94(3), (4)
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