T 0014/89 (Re-establishmentof rights/deficiency) of 12.6.1989

European Case Law Identifier: ECLI:EP:BA:1989:T001489.19890612
Date of decision: 12 June 1989
Case number: T 0014/89
Application number: 81106253.8
IPC class: B01J 20/34
Language of proceedings: DE
Distribution:
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Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: -
Applicant name: Uhde
Opponent name: Schenck AG
Board: 3.3.02
Headnote: 1. The principle of good faith governing proceedings between the EPO and the parties involved (Reference to decision J 3/87, OJ EPO 1989, 3, and decision J 2/87, OJ EPO 1988, 330) requires that the applicant have his attention drawn to deficiencies in his application for re-establishment of rights which are obviously easy to correct (in this case: fee not paid and substantiation not supplied) if correction of the deficiencies can be expected within the two-month time limit for re-establishment of rights under Article 122(2) EPC.
2. If this communication is not sent by the EPO within the two-month time limit for re-establishment of rights laid down in Article 122(2) EPC, it must be sent subsequently and a new time limit set. Acts, the deficiencies of which are corrected within this set time limit, are deemed to have been performed in due time within the meaning of Article 122(2) EPC.
Relevant legal provisions:
European Patent Convention 1973 Art 122(2)
European Patent Convention 1973 Art 122(3)
Keywords: Deficiencies in an application for re-establishment of rights
Re-establishment of rights - admissibility
Re-establishment of rights - fee not paid - no substantiation
Re-establishment of rights - deficiencies in the application not easy to correct easy to correct
Communication within the period specified in Article 122(2) EPC
Catchwords:

-

Cited decisions:
-
Citing decisions:
G 0001/90
G 0002/97
J 0015/90
J 0007/92
J 0034/92
J 0049/92
J 0008/95
J 0007/97
J 0011/06
J 0004/07
J 0014/08
J 0013/11
J 0001/19
R 0018/13
T 0522/88
T 0248/91
T 0690/93
T 0861/94
T 0493/95
T 0923/95
T 0742/96
T 0122/02
T 0991/04
T 0585/08
T 0642/12
T 0144/15

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