J 0015/80 (Priority/earlier deposit of industrial design) of 11.6.1981

European Case Law Identifier: ECLI:EP:BA:1981:J001580.19810611
Date of decision: 11 June 1981
Case number: J 0015/80
Application number: -
IPC class: -
Language of proceedings: DE
Distribution:
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Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: -
Applicant name: Arenhold
Opponent name: -
Board: 3.1.01
Headnote: I. The provisions of Articles 87 to 89 and Rule 38 EPC together form a complete, self-contained code of rules of law on the subject of claiming priority for the purpose of filing a European patent application.
II. The European Patent Office is not directly bound by Article 4 of the Paris Convention, since the European Patent Organisation is not a party to that Convention.
III. As the EPC is a special agreement within the meaning of Article 19, Paris Convention, a general understanding by the Contracting States of the EPC that the deposit of an industrial design clearly gives a priority right for a national patent application, by application of Article 4 Paris Convention, could lead to an interpretation of Article 87(1) EPC going beyond its terms and permitting such deposits to give priority rights for European patent applications.
IV. In the absence of such a general understanding there is no reason to read Article 87(1) EPC more broadly than its express terms and scope require. It follows that a priority right based on the deposit of an industral design is not recognised for a European patent application.
Relevant legal provisions:
European Patent Convention 1973 Art 87
European Patent Convention 1973 Art 88
European Patent Convention 1973 Art 89
European Patent Convention 1973 R 38
Paris Convention Art 4
Paris Convention Art 19
Patent Cooperation Treaty Art 8(1)
Patent Cooperation Treaty R 4.10
Strasbourg Convention
Keywords: Priority right
Deposit of industrial design
Industrial design/deposit of
Paris Convention and EPC
Catchwords:

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Cited decisions:
-
Citing decisions:
G 0002/98
G 0001/15
J 0009/07
T 2473/12
T 0557/13
T 2282/17

Source: http://www.epo.org/law-practice/case-law-appeals/recent/j800015ep1.html

Date retrieved: 17 May 2021

17 references found.

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EPO Guidelines - A Formalities Examination

EPO Guidelines - F The European Patent Application

PCT Articles

PCT Implementing Rules

Offical Journal of the EPO

Case Law Book: II Conditions to be met by an Application

Case Law of the Enlarged Board

General Case Law