| European Case Law Identifier: | ECLI:EP:BA:2005:J001804.20050504 | ||||||||
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| Date of decision: | 04 May 2005 | ||||||||
| Case number: | J 0018/04 | ||||||||
| Application number: | 03014103.0 | ||||||||
| IPC class: | - | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Architecture for managing alerts | ||||||||
| Applicant name: | MICROSOFT CORPORATION | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | I. Rule 25(1) EPC imposes a substantive requirement which must be fulfilled when a divisional application is filed. A Board has no power to excuse an applicant from complying with this substantive requirement II. Time limits in the EPC have two conceptual elements: 1, a period of time determined in years, months or days, and 2, a relevant date, which serves as the starting date of the time limit, and from which the period of time is counted. Time restrictions imposed on applicants by the EPC, but not having these conceptual elements can not be regarded as time limits for the purposes of Article 122 EPC. III. No substantive rights are established in a divisional application before the actual filing date of the divisional application. Substantive rights which were lost in the parent application can not be re- established in the divisional application by applying Article 122 EPC. |
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| Relevant legal provisions: | |||||||||
| Keywords: | Re-establishment of rights for filing a divisional application - (no) Concept of time limit |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j040018ex1.html
Date retrieved: 17 May 2021
29 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - E General Procedural Matters
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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)