Article 61

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).