J 0014/86 (Expiry of time limit expressed in months) of 28.4.1987

European Case Law Identifier:

ECLI:EP:BA:1987:J001486.19870428

Date of decision:

28 April 1987

Case number:

J 0014/86

Application number:

84400877.1

IPC class:

C12G 1/06

Language of proceedings:

Distribution:

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Title of application:

Applicant name:

Champenoise

Opponent name:

Board:

3.1.01

Headnote:

1. For the purposes of computing time limits expressed in months, the indications contained in Rule 83, paragraph 2 EPC with respect to the point in time from which a time limit runs may on their own appear inadequate. However, the expiry date of time limits expressed in years, months and weeks is explicitly defined in the subsequent paragraphs of the same rule. Computation of the time limits in accordance with Rule 83 EPC produces the same results as when Rule 80 PCT is applied.
2. The fact that Rule 83(2) EPC fixes the point in time from which all the time limits run and defines this point as the day following that on which the event giving rise to the time limit occurred cannot be interpreted as requiring the addition of a day to time limits expressed in years, months and weeks, hence the grant of an additional day for reasons of equity.
3. The expiry date of time limits expressed in years, months or weeks derives from Rule 83 paragraphs 3, 4 and 5 EPC. These paragraphs, in conjunction with paragraph 2 of the same rule, establish unequivocally that the time limits are fixed in full years, months and weeks, without any possibility of their being reduced or extended.

Relevant legal provisions:

European Patent Convention 1973 R 83
European Patent Convention 1973 R 50
European Patent Convention 1973 R 85b

Keywords:

Expiry of time limit expressed in months
Rule 50 Communication
Grace Period allowed by Rule 85b
Notice concerning grace period

Catchwords:

Cited decisions:

Citing decisions:

Source: http://www.epo.org/law-practice/case-law-appeals/recent/j860014ep1.html

Date retrieved: 17 May 2021