|European Case Law Identifier:||ECLI:EP:BA:2004:J000201.20040204|
|Date of decision:||04 February 2004|
|Case number:||J 0002/01|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Treatment of T cell mediated autoimmune disorders|
|Applicant name:||THE TRUSTEES OF DARTMOUTH COLLEGE|
|Headnote:||1. A consequence of the unity requirement in Article 118 EPC is that, when two or more persons file an application in common, they cannot acquire a procedural status different from that of a single applicant, because otherwise each of them could perform different and contradictory procedural acts, including the filing of different versions of the patent to be granted.
2. Therefore, where an application (the "earlier application") has been filed jointly by two or more applicants and the requirements of Article 61 or Rule 20(3) EPC have not been met, the right to file a divisional application in respect of the earlier application under Article 76 EPC is only available to the registered applicants for the earlier application jointly and not to one of them alone or to fewer than all of them.
|Relevant legal provisions:|
|Keywords:||Patent application in the name of more than one applicant - divisional application in the name of not all the applicants for parent application - no - unless Art. 61, Rule 20 EPC are met|
Date retrieved: 30 December 2018