| European Case Law Identifier: | ECLI:EP:BA:1994:J001494.19941215 | ||||||||
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| Date of decision: | 15 December 1994 | ||||||||
| Case number: | J 0014/94 | ||||||||
| Application number: | 86303055.7 | ||||||||
| IPC class: | E04B 1/41 E04B 2/00 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Wall construction device | ||||||||
| Applicant name: | The Expanded Metal Company Ltd. | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | I. If, during a long period of time, the EPO by its conduct leads the parties and the public to the legitimate belief that no loss of rights has taken place, the EPO cannot later refer to a loss of rights which occurred several years previously without offending against the prohibition of "venire contra factum proprium" and therefore contravening the principle of good faith. II. In such circumstances, the late payment of a renewal fee may - by way of exception - be considered as having been made in time, if the EPO had not informed the applicant of the outstanding payment, had accepted later renewal fees without objection and had continued the examination proceedings for several years (here: until notification of the communication pursuant to Rule 51(6) EPC). |
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| Keywords: | Loss of rights Belated communication pursuant to Rule 69(1) EPC Continuation of examination procedure after loss of rights Principle of good faith Venire contra factum proprium |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j940014ex1.html
Date retrieved: 17 May 2021
26 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)