D 0012/97 (Obligation to give reasons) of 25.6.1998

European Case Law Identifier:

ECLI:EP:BA:1998:D001297.19980625

Date of decision:

25 June 1998

Case number:

D 0012/97

Application number:

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Distribution:

Download and more information:

Decision text in EN (PDF, 12Â KB)
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Bibliographic information is available in:	DE \| EN \| FR
Versions:	OJ

Title of application:

Applicant name:

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Board:

DBA

Headnote:

I. The REE neither requires that European qualifying examination (EQE) decisions be reasoned nor refers to Rule 68(2) EPC, which therefore does not apply.
II. An obligation to substantiate such decisions, based on Article 125 EPC, presupposes establishing this to be a principle generally recognised in the EPC contracting states.

Relevant legal provisions:

European Patent Convention 1973 Art 125
European Patent Convention 1973 R 68(2)
Regulation on the European qualifying examination Art008
Regulation on the European qualifying examination R 3
Regulation on the European qualifying examination R 9(2)

Keywords:

European qualifying examination - no duty to give reasons for decision - no proof that duty to give reasons is a principle generally recognised in the contracting states

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Source: http://www.epo.org/law-practice/case-law-appeals/recent/d970012ep1.html

Date retrieved: 17 May 2021