| European Case Law Identifier: | ECLI:EP:BA:1988:J002687.19880325 | ||||||||
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| Date of decision: | 25 March 1988 | ||||||||
| Case number: | J 0026/87 | ||||||||
| Application number: | 85902938.1 | ||||||||
| IPC class: | G11B 23/28 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | McWhirter | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | 1. If, on the proper interpretation of the request for grant of an international application, an applicant has designated a Contracting State to the EPC for which the PCT is in force, the EPO is bound by the provisions of Article 153 EPC to act as the designated Office for that Contracting State, even if the international application has been published by the International Bureau without mentioning that Contracting State as a designated State. 2. If, on the proper interpretation of the request for grant of an international application as decided by the EPO, a Contracting State to the EPC has been designated, there is no "mistake" in that document, and Rule 88 EPC is inapplicable, even if the receiving Office and/or the International Bureau have interpreted the document in a contrary manner. |
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| Relevant legal provisions: |
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| Keywords: | PCT application - intention to designate Italy and other EPC States Application published by International Bureau without designation of Italy - application should be properly interpreted as having designated Italy EPO bound by proper interpretation of application |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j870026ex1.html
Date retrieved: 17 May 2021
17 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)