| European Case Law Identifier: | ECLI:EP:BA:1981:J000381.19811207 | ||||||||
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| Date of decision: | 07 December 1981 | ||||||||
| Case number: | J 0003/81 | ||||||||
| Application number: | 80900028.4 | ||||||||
| IPC class: | - | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Bodenrader | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | I. If a mistake is made in designating States in a European patent application, then, in general, a request for correction of the mistake by adding the designation of another State must be refused, in the public interest, if it is not made until it is too late to add to the application as published a warning to third parties that the request has been made. II. Where an international application filed under the PCT is deemed to be a European patent application, the same general rule must apply mutatis mutandis, even though publication of the international application by the International Bureau necessarily precedes the time at which the applicant can request the EPO to correct any mistake in the application. III. Where the EPO has funds standing to the credit of any person, a fee for re-establishment of rights which that person has to pay can only be considered to have been paid when the EPO has been instructed to allocate the appropriate amount to the payment of that fee. |
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| Relevant legal provisions: | |||||||||
| Keywords: | International application Correction of mistake Public interest Reestablishment of rights Payment of fee |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j810003ex1.html
Date retrieved: 17 May 2021
16 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.PCT Articles
PCT Implementing Rules
Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)