| European Case Law Identifier: | ECLI:EP:BA:1990:G000888.19901116 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 16 November 1990 | ||||||||
| Case number: | G 0008/88 | ||||||||
| Referral: | T 0096/88 | ||||||||
| Application number: | 81304763.6 | ||||||||
| IPC class: | H16N 1/36 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | - | ||||||||
| Applicant name: | Medtronic | ||||||||
| Opponent name: | Biotronik | ||||||||
| Board: | EBA | ||||||||
| Headnote: | 1. The capacity of the President of the European Patent Office to represent the European Patent Organisation by virtue of Article 5(3) EPC is one of his functions but is not one of his powers. The extent of the President's power is governed by the EPC, but not by Article 5(3) EPC. 2. To the extent that the Administrative Agreement dated 29 June 1981 between the President of the EPO and the President of the German Patent Office contains terms regulating the treatment of documents intended for the EPO and received by the German Patent Office in Berlin, the President of the EPO did not himself have the power to enter into such an agreement on behalf of the EPO, at any time before the opening of the Filing Office for the EPO in Berlin on 1 July 1989. 3. In application of the principle of good faith and the protection of the legitimate expectations of users of the EPO, if a person has at any time, since publication of the Agreement in the Official Journal and before 1 July 1989, filed documents intended for the EPO at the German Patent Office in Berlin (otherwise than by hand), the EPO was then bound to treat such documents as if it had received them on the date of receipt at the German Patent Office in Berlin. |
||||||||
| Relevant legal provisions: | |||||||||
| Keywords: | Treatment of documents intended for the EPO and received by the German Patent Office in Berlin Functions and powers of the President Principle of good faith Protection of the legitimate expectations of users of the EPO |
||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: | |||||||||
Source: http://www.epo.org/law-practice/case-law-appeals/recent/g880008ep1.html
Date retrieved: 17 May 2021
33 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
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)