| European Case Law Identifier: | ECLI:EP:BA:1987:J001586.19871009 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 09 October 1987 | ||||||||
| Case number: | J 0015/86 | ||||||||
| Application number: | 82109493.5 | ||||||||
| IPC class: | C07C 123/00 A61K 31/155 |
||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | A novel vasodilator compound, process for the preparation thereof and pharmaceutical compositions therefrom | ||||||||
| Applicant name: | Ausonia | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | 1. In practice, in the operation of the European patent system there is a recognised difference between passive abandonment and active withdrawal of a European patent application. Each case in which there is a dispute as to the applicant's intention has to be considered on its own facts. 2. A written statement of the applicant or his representative must be interpreted in the context of the document as a whole and of the surrounding circumstances. 3. It is too late to ask for retraction of a letter of withdrawal once the withdrawal has been notified to the public in the European Patent Bulletin. (Legal Advice No. 8/80, OJ EPO 1986,6, point 2 referred to). 4. Principles of procedural law generally recognized in the Contracting States, within the meaning of Article 125 EPC, do not include specific rules of substantive law of any Contracting State. |
||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Withdrawal of patent application (yes) - abandonment (no) Interpretation of written statement Retraction of withdrawal of patent application too late General principles of procedural law Procedural law - general principles Substantive law - specific rules |
||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: |
|
||||||||
Source: http://www.epo.org/law-practice/case-law-appeals/recent/j860015ex1.html
Date retrieved: 17 May 2021
13 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.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)