J 0005/79 (Party adversely affected by a decision) of 17.1.1980

European Case Law Identifier: ECLI:EP:BA:1980:J000579.19800117
Date of decision: 17 January 1980
Case number: J 0005/79
Application number: 79100556.4
IPC class: -
Language of proceedings: DE
Distribution:
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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: Siemens
Opponent name: -
Board: 3.1.01
Headnote: I. The applicant for a European patent whose right of priority has been declared lost for failure to file a copy of the priority document within the permitted 16-months period but whose right has been restored before publication of the European patent application is not thereafter adversely affected by the decision that the right had been lost.
II. Third party rights to continue use of an invention where an applicant's rights have been lost and restored cannot arise if the loss and restoration of the applicant's rights occur before publication of the European patent application.
Relevant legal provisions:
European Patent Convention 1973 Art 107
European Patent Convention 1973 Art 91(3)
European Patent Convention 1973 Art 122(6)
European Patent Convention 1973 R 38(3)
European Patent Convention 1973 R 65(1)
Keywords: Right to continue use
Catchwords:

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Cited decisions:
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Citing decisions:
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j790005ep1.html

Date retrieved: 17 May 2021

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Offical Journal of the EPO

Case Law Book: III Amendments

Case Law Book: V Priority