Guidelines for Examination:PART A: CHAPTER IV SPECIAL PROVISIONS, 2. Art. 61 applications, 2.8 Refusal of the earlier application

Guidelines for Examination
PART A
CHAPTER IV SPECIAL PROVISIONS
2. Art. 61 applications
2.8 Refusal of the earlier application

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PART A
CHAPTER IV SPECIAL PROVISIONS
2. Art. 61 applications

2.7 Filing a new application

2.9 Partial transfer of right by virtue of a final decision

2.8	Refusal of the earlier application

If the third party requests under Art. 61(1)(c) that the earlier application be refused, the EPO must accede to this request. The decision is open to appeal (Art. 106(1)).

Art. 61(1)(c)