European Case Law Identifier: | ECLI:EP:BA:1987:J000486.19870304 | ||||||||
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Date of decision: | 04 March 1987 | ||||||||
Case number: | J 0004/86 | ||||||||
Application number: | 83105121.4 | ||||||||
IPC class: | F25B 13/00 | ||||||||
Language of proceedings: | DE | ||||||||
Distribution: | |||||||||
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Title of application: | - | ||||||||
Applicant name: | BMW | ||||||||
Opponent name: | - | ||||||||
Board: | 3.1.01 | ||||||||
Headnote: | Failure to file a request for examination for a European patent application will result in the application's being deemed to be withdrawn upon expiry of the period referred to in Article 94(2) EPC and not subsequently upon expiry of the period of grace provided by Rule 85b EPC. In such a case, therefore, a renewal fee which does not become due until after expiry of the first-mentioned time limit must be refunded. | ||||||||
Relevant legal provisions: |
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Keywords: | Fiction of withdrawal in the absence of a request for examination Point at which loss of rights ensues Renewal fee/due date during period of grace provided for in Rule 85b Procedural violation (no) - incorrect legal interpretation |
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Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j860004ep1.html
Date retrieved: 17 May 2021
12 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)
Case Law Book: II Conditions to be met by an Application
XCLR II F 3.5.7 Pendency in case of deemed withdrawal of earlier application and no reaction to loss of rights communication under Rule 112(1) EPC