| European Case Law Identifier: | ECLI:EP:BA:1990:G000189.19900502 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 02 May 1990 | ||||||||
| Case number: | G 0001/89 | ||||||||
| Application number: | - | ||||||||
| IPC class: | C10M 145/22 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | - | ||||||||
| Applicant name: | not published | ||||||||
| Opponent name: | - | ||||||||
| Board: | EBA | ||||||||
| Headnote: | The agreement between the European Patent Organisation and WIPO dated 7 October 1987, including the obligation under its Article 2 for the EPO to be guided by the PCT guidelines for international search, is binding upon the EPO when acting as an ISA and upon the Boards of Appeal of the EPO when deciding on protests against the charging of additional search fees under the provisions of Article 17(3)(a) PCT. Consequently, as foreseen in these guidelines, an international application may, under Article 17(3)(a) PCT, be considered not to comply with the requirement of unity of invention, not only "a priori" but also "a posteriori", i.e. after taking prior art into consideration. However, such consideration has only the procedural effect of initiating the special procedure laid down in Article 17 and Rule 40 PCT and is, therefore, not a "substantive examination" in the normal sense of that term. | ||||||||
| Relevant legal provisions: | |||||||||
| Keywords: | Competence of the Enlarged Board of Appeal in protest cases under PCT Non-unity a posteriori |
||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: | |||||||||
Source: http://www.epo.org/law-practice/case-law-appeals/recent/g890001ex1.html
Date retrieved: 17 May 2021
34 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - F The European Patent Application
PCT Articles
PCT Implementing Rules
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)