J 0008/82 (Designation of inventors) of 8.11.1983

European Case Law Identifier: ECLI:EP:BA:1983:J000882.19831108
Date of decision: 08 November 1983
Case number: J 0008/82
Application number: 81302677.0
IPC class: -
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 724 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: -
Applicant name: Fujitsu
Opponent name: -
Board: 3.1.01
Headnote: I. Rule 19(1) EPC requires consent to the rectification of a designation of inventor to be given by a "wrongly designated" person. A person already named whose name is not to be cancelled from the designation is not a "wrongly designated" person within the meaning of the Rule and his consent to the addition of the name of another person is not required.
II. If a request to amend the designation of inventors is made at an early stage during the period in which the Receiving Section is still responsible for examination of the European patent application as to formal requirements and for publication of the application, the Receiving Section is obliged to make a decision concerning the request and remains competent to issue its decision even after responsibility for the further examination of the application has passed to the Examining Division.
Relevant legal provisions:
European Patent Convention 1973 Art 16
European Patent Convention 1973 Art 20
European Patent Convention 1973 Art 62
European Patent Convention 1973 Art 81
European Patent Convention 1973 R 19(1)
European Patent Convention 1973 R 42(1)
VCLT
Keywords: Designation of inventors
Rectification of designation of inventors
Rectification/Responsibilities of Receiving Section and Legal Division
Catchwords:

-

Cited decisions:
-
Citing decisions:
G 0002/12
G 0002/13
G 0001/18
G 0003/19
J 0005/01
R 0001/10

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EPO Guidelines - A Formalities Examination

Offical Journal of the EPO

Case Law Book: III Amendments

Case Law Book: IV Divisional Applications

Case Law of the Enlarged Board

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