| European Case Law Identifier: | ECLI:EP:BA:1994:G000392.19940613 | ||||||||
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| Date of decision: | 13 June 1994 | ||||||||
| Case number: | G 0003/92 | ||||||||
| Referral: | J 0001/91 | ||||||||
| Application number: | 90304744.7 | ||||||||
| IPC class: | A62B 35/04 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Bypassing double action rope grip | ||||||||
| Applicant name: | Latchways Limited | ||||||||
| Opponent name: | - | ||||||||
| Board: | EBA | ||||||||
| Headnote: | When it has been adjudged by a final decision of a national court that a person other than the applicant is entitled to the grant of a European patent, and that person, in compliance with the specific requirements of Article 61(1) EPC, files a new European patent application in respect of the same invention under Article 61(1)(b) EPC, it is not a pre-condition for the application to be accepted that the earlier original usurping application is still pending before the EPO at the time the new application is filed. | ||||||||
| Relevant legal provisions: |
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| Keywords: | Final decision by a national court Party other than applicant entitled to patent Third parties' interests Withdrawal of original application by unlawful applicant Filing of new application by lawful applicant |
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| Catchwords: |
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| Cited decisions: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/g920003ex1.html
Date retrieved: 17 May 2021
31 references found.
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