T 0777/98 (Re-establishment/BASF) of 30.3.2001

European Case Law Identifier: ECLI:EP:BA:2001:T077798.20010330
Date of decision: 30 March 2001
Case number: T 0777/98
Application number: 93912386.5
IPC class: C09D 5/44
Language of proceedings: DE
Distribution: A
Download and more information:
Decision text in EN (PDF, 24 KB)
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: Vianova Resins AG
Opponent name: BASF Coatings AG
Board: 3.3.07
Headnote: I. If a party to proceedings requests re-establishment of rights on the basis that a document missed an EPO time limit because it did not arrive within the standard delivery time, that party will have to prove that the form of postage used would normally have ensured that the document would reach the EPO on time.
II. Consideration of whether the party exercised due care with regard to the time limit, given that he assumed the document in question would be delivered by Deutsche Post AG within the standard delivery time (left open).
Relevant legal provisions:
European Patent Convention 1973 Art 122
Keywords: Standard delivery times
Due care - application of national standards (left open)
All due care (no)
Catchwords:

-

Cited decisions:
G 0001/86
T 0667/92
Citing decisions:
-

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t980777ep1.html

Date retrieved: 17 May 2021

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