| European Case Law Identifier: | ECLI:EP:BA:1987:J000287.19870720 | ||||||||
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| Date of decision: | 20 July 1987 | ||||||||
| Case number: | J 0002/87 | ||||||||
| Application number: | 82901198.0 | ||||||||
| IPC class: | H04H 5/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Motorola | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | 1. The minimal requirements of Art. 108 EPC are satisfied when the notice of appeal can be interpreted as containing a request for rectification of the decision concerned on the grounds that due to the fact that the conditions set forth in a former Communication of the EPO were now fulfilled, the decision was no longer justified. 2. Principles of good faith govern the relations between the EPO and applicants for European Patents and a Communication from the EPO containing erroneous information which has misled the Appellant into an action causing the refusal of his patent application is void and of no effect in its entirety. 3. Decision J 22/86 "Disapproval/MEDICAL BIOLOGICAL", points 8 and 9, OJ EPO 1987, 280, followed. |
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| Relevant legal provisions: | |||||||||
| Keywords: | Admissibility of appeal - filing of written statement of grounds Appeal/admissibility Dissapproval (no express) of text of patent application Invalid communication Time limit for restitutio Restitutio/time limit Principle of good faith Good faith/principle of Procedural practice to be applied equally to all similar cases |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j870002ex1.html
Date retrieved: 17 May 2021
26 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)