G 0008/88 (Administrative Agreement) of 16.11.1990

European Case Law Identifier: ECLI:EP:BA:1990:G000888.19901116
Date of decision: 16 November 1990
Case number: G 0008/88
Referral: T 0096/88
Application number: 81304763.6
IPC class: H16N 1/36
Language of proceedings: EN
Distribution: A
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Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: -
Applicant name: Medtronic
Opponent name: Biotronik
Board: EBA
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.
Relevant legal provisions:
European Patent Convention 1973 Art 4
European Patent Convention 1973 Art 5
European Patent Convention 1973 Art 6
European Patent Convention 1973 Art 7
European Patent Convention 1973 Art 10
European Patent Convention 1973 Art 33
European Patent Convention 1973 Art 99(1)
European Patent Convention 1973 Art 112
Agreement EPO GPO
Decision President 10.05.1989
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
Catchwords:

-

Cited decisions:
-
Citing decisions:
G 0002/97
J 0030/94
J 0014/96
J 0007/97
J 0038/97
J 0005/98
J 0018/01
J 0034/03
J 0013/04
J 0001/12
T 0117/87
T 0149/87
T 0096/88
T 0545/91
T 0201/92
T 0045/94
T 0343/95
T 0460/95
T 0161/96
T 0740/98
T 0846/01
T 0815/02
T 1607/08
T 1037/11
T 2246/13

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Case Law Book: III Amendments

Case Law Book: VII Proceedings before the EPO

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