| European Case Law Identifier: | ECLI:EP:BA:1986:J002085.19860514 | ||||||||
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| Date of decision: | 14 May 1986 | ||||||||
| Case number: | J 0020/85 | ||||||||
| Application number: | 84111579.3 | ||||||||
| IPC class: | - | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Zenith | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | 1. In a case in which an issue of fact arises between the European Patent Office and a party to proceedings before it, for example as to whether or not a particular document was filed on a particular day, evidence relating to it should be taken as soon as the issue of fact arises. 2. Article 113(1) EPC is of fundamental importance for ensuring a fair procedure between the European Patent Office and a party to proceedings before it, especially when such an issue of fact arises. A decision against a party to proceedings upon such an issue of fact can only properly be made by the European Patent Office after all the evidence on which such decision is to be based has been identified and communicated to the party concerned. 3. Although Article 117 EPC does not refer specifically to proceedings before the Receiving Section, that Section has power to take evidence. |
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| Keywords: | Missing application documents Application documents/ Taking of evidence Power of Receiving Section to take evidence Fundamental right of party to comment on evidence Burden of proof |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j850020ex1.html
Date retrieved: 17 May 2021
32 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 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)