Article 101

1. If the opposition is admissible, the Opposition Division shall examine, in accordance with the Implementing Regulations, whether at least one ground for opposition under Article 100 prejudices the maintenance of the European patent.
During this examination, the Opposition Division shall invite the parties, as often as necessary, to file observations on communications from another party or issued by itself.

2. If the Opposition Division is of the opinion that at least one ground for opposition prejudices the maintenance of the European patent, it shall revoke the patent. Otherwise, it shall reject the opposition.

3. If the Opposition Division is of the opinion that, taking into consideration the amendments made by the proprietor of the European patent during the opposition proceedings, the patent and the invention to which it relates
a) meet the requirements of this Convention, it shall decide to maintain the patent as amended, provided that the conditions laid down in the Implementing Regulations are fulfilled;
b) do not meet the requirements of this Convention, it shall revoke the patent.

Case law:

IPPT20260313, UPC CFI, CD Milan, Neurocrine v Spruce

Revocation action disposed on becoming devoid of purpose. (Rule 360 RoP) Patent revoked ab initio (Article 101.2 EPC). Patent revoked by the Opposition Division of the EPO after the filing of the defence to the revocation action.