| European Case Law Identifier: | ECLI:EP:BA:1991:J000790.19910808 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 08 August 1991 | ||||||||
| Case number: | J 0007/90 | ||||||||
| Application number: | 88305201.1 | ||||||||
| IPC class: | - | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | - | ||||||||
| Applicant name: | Toledo | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | 1. The Legal Board of Appeal upholds its case law under which the addition of a designation of a Contracting State by correction under Rule 88, first sentence, EPC is subject to a time limitation. Corrections can accordingly be made only if the request for correction is received by the EPO in sufficient time to enable publication of a warning together with the European patent application. This applies even where all other conditions to which such corrections are subject under Legal Board of Appeal case law have been met and, in particular, even where the applicant has requested correction immediately upon discovering his mistake (confirmation of past case law, e.g. in decisions J 12/80 (OJ EPO 1981, 143), J 3/81 (OJ EPO 1982, 100), J 21/84 (OJ EPO 1986, 75) and J 8/89 (1990 EPOR 57)). 2. However, the existing designation system and, in particular, the "precautionary designation" and Rule 85a EPC may give rise to legal problems. The system can only be developed further on the basis of legislation. The Convention gives competence to that end to the Administrative Council of the European Patent Organisation. |
||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Designations - correction of Time limitation for corrections Designation system: legal problems and potential development |
||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: |
|
||||||||
Source: http://www.epo.org/law-practice/case-law-appeals/recent/j900007ex1.html
Date retrieved: 17 May 2021
15 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)