W 0012/89 (Polysuccinate esters) of 29.6.1989

European Case Law Identifier: ECLI:EP:BA:1989:W001289.19890629
Date of decision: 29 June 1989
Case number: W 0012/89
Application number: -
IPC class: A10M 145/22
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 276 KB)
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Bibliographic information is available in: DE | EN | FR
Versions: OJ | Unpublished
Title of application: -
Applicant name: not published
Opponent name: -
Board: 3.3.01
Headnote: The following questions of law are referred to the Enlarged Board of Appeal:
1. Does an International Searching Authority have the power to carry out a substantive examination of an international application in respect of novelty and inventive step when considering under Article 17(3)(a) PCT whether the application complies with the requirement of unity of invention set forth in Rule 13.1 PCT?
2. If an International Searching Authority does have such power, in what circumstance does it have an obligation to carry out such a substantive examination?
3. Is the Agreement between EPO and WIPO dated 1 January 1988 binding either upon the EPO when acting as ISA, or upon the Boards of Appeal of the EPO?
Relevant legal provisions:
European Patent Convention 1973 Art 112(1)(a)
European Patent Convention 1973 Art 154(3)
Patent Cooperation Treaty Art 17(3)(a)
Patent Cooperation Treaty R 13
Patent Cooperation Treaty R 33
Patent Cooperation Treaty R 40
Keywords: Non-unity a posteriori
Referral to the Enlarged Board of Appeal
Catchwords:

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Cited decisions:
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Citing decisions:
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/w890012ep1.html

Date retrieved: 17 May 2021

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