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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 97
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Article 97 – Refusal or grant

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 97 65
Refusal or grant

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) The Examining Division shall refuse a European patent application if it is of the opinion that such application or the invention to which it relates does not meet the requirements of this Convention, except where a different sanction is provided for by this Convention.

(2) If the Examining Division is of the opinion that the application and the invention to which it relates meet the requirements of this Convention, it shall decide to grant the European patent for the designated Contracting States provided that:

(a) it is established, in accordance with the provisions of the Implementing Regulations, that the applicant approves the text in which the Examining Division intends to grant the patent;

(b) the fees for grant and printing are paid within the time limit prescribed in the Implementing Regulations;

(c) the renewal fees and any additional fees already due have been paid.

(3) If the fees for grant and printing are not paid in due time, the application shall be deemed to be withdrawn.

(4) 66 The decision to grant a European patent shall not take effect until the date on which the European Patent Bulletin mentions the grant. This mention shall be published at least two months after the start of the time limit referred to in paragraph 2(b).

(5) 66 Provision may be made in the Implementing Regulations for the applicant to file a translation, in the two official languages of the European Patent Office other than the language of the proceedings, of the claims appearing in the text in which the Examining Division intends to grant the patent. In such case, the period laid down in paragraph 4 shall be at least three months. If the translation has not been filed in due time, the application shall be deemed to be withdrawn.

(6) 67 At the request of the applicant, mention of grant of the European patent shall be published before expiry of the time limit under paragraph 4 or 5. Such request may only be made if the requirements pursuant to paragraphs 2 and 5 are met.


65See decision of the Enlarged Board of Appeal G 10/93 (Annex I) and Legal advice No. 17/90 and Legal advice No. 15/05 (rev. 2) (Annex II).

66Amended by decision of the Administrative Council of 27.10.2005 which entered into force on 01.01.2006 (OJ EPO 2005, 545).

67Inserted by decision of the Administrative Council of 20.10.1995 which entered into force on 01.01.1996 (OJ EPO 1995, 741).

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EPC - Reference
  • Art. 14, 64, 65, 113, 129, 141
    R. 51, 52, 68, 69, 70, 87, 89
Cross-reference list
  • EPC 1973EPC 2000
    Art. 97 Art. 97
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