| European Case Law Identifier: | ECLI:EP:BA:1999:G000197.19991210 | ||||||||
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| Date of decision: | 10 December 1999 | ||||||||
| Case number: | G 0001/97 | ||||||||
| Referral: | J 0003/95 | ||||||||
| Application number: | 83810210.1 | ||||||||
| IPC class: | G04B 37/16 | ||||||||
| Language of proceedings: | FR | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | ETA S.A. Fabriques d'Ebauches | ||||||||
| Opponent name: | Piranha Marketing GmbH Junghans Uhren GmbH |
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| Board: | EBA | ||||||||
| Headnote: | I. In the context of the European Patent Convention, the jurisdictional measure to be taken in response to requests based on the alleged violation of a fundamental procedural principle and aimed at the revision of a final decision of a board of appeal having the force of res judicata should be the refusal of the requests as inadmissible. II. The decision on inadmissibility is to be issued by the board of appeal which took the decision forming the subject of the request for revision. The decision may be issued immediately and without further procedural formalities. III. This jurisdictional measure applies only to requests directed against a decision of a board of appeal bearing a date after that of the present decision. IV. If the Legal Division of the EPO is asked to decide on the entry in the Register of European Patents of a request directed against a decision of a board of appeal, it must refrain from ordering that the entry be made if the request, in whatever form, is based on the alleged violation of a fundamental procedural principle and aimed at the revision of a final decision of a board of appeal. |
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| Keywords: | Administrative or jurisdictional measures to be taken in response to requests based on the alleged violation of a fundamental procedural principle and aimed at the revision of a final decision taken by a board of appeal having the force of res judicata Entry in the Register of European Patents |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/g970001ep1.html
Date retrieved: 17 May 2021
74 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.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 2020, A104 - Interlocutory Decision of Technical Board of Appeal 3.3.01 dated 7 February 2019 - T 318/14
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)