| European Case Law Identifier: | ECLI:EP:BA:1980:J000380.19800131 | ||||||||
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| Date of decision: | 31 January 1980 | ||||||||
| Case number: | J 0003/80 | ||||||||
| Application number: | - | ||||||||
| IPC class: | - | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | not published | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | I. The obligation to forward European patent applications filed nationally to the European Patent Office rests upon the relevant central industrial property office and not upon the applicant. II. If the central industrial property office concerned fails to forward an application in time, with the result that the application is deemed to be withdrawn, the applicant cannot claim restitution of rights, since the European Patent Convention provides only for restitution of rights where there has been a failure to observe a time limit which it is for the applicant to observe. |
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| Keywords: | European application/failure to forward Application deemed to be withdrawn Restitutio in integrum (no) |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j800003ex1.html
Date retrieved: 17 May 2021
9 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - A Formalities Examination
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)
Case Law Book: III Amendments
XCLR III E 2.2 Re-establishment only in cases of failure to observe a time limit for which it was for the applicant to observe