G 7/88 Treatment of documents intended for the EPO and received by the German Patent Office in Berlin / Functions and powers [..]

Headnote

1. The capacity of the President of the European Patent Office to represent the European Patent Organisation by virtue of Article 5(3) EPC is one of his functions but is not one of his powers. The extent of the President's power is governed by the EPC, but not by Article 5(3) EPC.
2. To the extent that the Administrative Agreement dated 29 June 1981 between the President of the EPO and the President of the German Patent Office contains terms regulating the treatment of documents intended for the EPO and received by the German Patent Office in Berlin, the President of the EPO did not himself have the power to enter into such an agreement on behalf of the EPO, at any time before the opening of the Filing Office for the EPO in Berlin on 1 July 1989.
3. In application of the principle of good faith and the protection of the legitimate expectations of users of the EPO, if a person has at any time, since publication of the Agreement in the Official Journal and before 1 July 1989, filed documents intended for the EPO at the German Patent Office in Berlin (otherwise than by hand), the EPO was then bound to treat such documents as if it had received them on the date of receipt at the German Patent Office in Berlin.

Cited 22 times

Keywords: Treatment of documents intended for the EPO and received by the German Patent Office in Berlin
Functions and powers of the President
Principle of good faith
Protection of the legitimate expectations of users of the EPO

References: EPC 1973 Art 4 / EPC 1973 Art 5 / EPC 1973 Art 6 / EPC 1973 Art 7 / EPC 1973 Art 10 / EPC 1973 Art 33 / EPC 1973 Art 99(1) / EPC 1973 Art 112 /

Source: http://archive.epo.org/dg3/bib/g880007.htm

Date retrieved: 8 October 2014

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