J 0014/82 (Priority declaration) of 19.1.1983

European Case Law Identifier: ECLI:EP:BA:1983:J001482.19830119
Date of decision: 19 January 1983
Case number: J 0014/82
Application number: 81305433.5
IPC class: -
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 341 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: -
Applicant name: Johnson Matthey
Opponent name: -
Board: 3.1.01
Headnote: I. If a mistake is made in a declaration of priority, it may be corrected in accordance with Rule 88 EPC, provided that a request has been made for correction sufficiently early for a warning to be included in the publication of the application (cf. Decision of the Legal Board of Appeal in Case J 04/82, Official Journal of the EPO 1982, 385).
II. If such a warning is not published, the question must be considered whether the public interest would be adversely affected by allowing the correction, taking into account any special circumstances of the case.
III. A Board of Appeal has no power to order refund of fees paid in respect of a European patent application which is not the subject of an appeal before that Board.
Relevant legal provisions:
European Patent Convention 1973 Art 88(1)
European Patent Convention 1973 R 38(1)
European Patent Convention 1973 R 41(2)
European Patent Convention 1973 R 41(3)
European Patent Convention 1973 R 88
Paris Convention Art 4d(1)
Paris Convention Art 4d(2)
Keywords: Priority declaration
Public interest
Procedural violation (substantial)
Reimbursement of appeal fee
Appeal fee/reimbursement of
Catchwords:

-

Cited decisions:
-
Citing decisions:
J 0011/89
J 0007/94
J 0011/95
J 0008/01
J 0013/02
J 0019/03
T 0796/94
T 0713/02

Source: http://www.epo.org/law-practice/case-law-appeals/recent/j820014ex1.html

Date retrieved: 17 May 2021

13 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

Case Law Book: IV Divisional Applications

General Case Law