| European Case Law Identifier: | ECLI:EP:BA:1988:J001087.19880211 | ||||||||
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| Date of decision: | 11 February 1988 | ||||||||
| Case number: | J 0010/87 | ||||||||
| Application number: | 83105582.7 | ||||||||
| IPC class: | B23K 35/30 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Inland Steel | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | A request for retraction of a withdrawal of the designation of a Contracting State filed after publication of the patent application may be allowable under Rule 88 EPC in appropriate circumstances, in particular if (a) the public has not been officially notified of the withdrawal by the EPO at the time the retraction of the withdrawal is applied for; (b) the erroneous withdrawal is due to an excusable oversight; (c) the requested correction does not result in a substantial delay of the proceedings; and (d) the EPO is satisfied that the interests of third parties who may possibly have taken notice of the withdrawal by inspection of the file are adequately protected. |
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| Relevant legal provisions: |
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| Keywords: | Erroneous withdrawal Retraction of withdrawal of the designation of a Contracting State Legal certainty - protection of third parties Fair proceeding before the EPO |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j870010ex1.html
Date retrieved: 17 May 2021
32 references found.
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