J 0015/91 (Jurisdiction of the Board of Appeal) of 16.12.1992

European Case Law Identifier: ECLI:EP:BA:1992:J001591.19921216
Date of decision: 16 December 1992
Case number: J 0015/91
Application number: -
IPC class: -
Language of proceedings: DE
Distribution:
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Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: -
Applicant name: not published
Opponent name: -
Board: 3.1.01
Headnote: I. The EPO Boards of Appeal have no jurisdiction to examine appeals against actions taken by the EPO in its capacity as International Preliminary Examining Authority (IPEA) within the meaning of the PCT (confirmation of the ruling in J 20/89, OJ EPO 1991, 375, 378).
The same applies even if the EPO previously acted as receiving Office within the meaning of the PCT for the same international application.
II. In the present case there is no reason for the Board to comment on whether the EPO Boards of Appeal have jurisdiction to examine appeals against actions taken by the EPO in its capacity as receiving Office within the meaning of the PCT.
Relevant legal provisions:
European Patent Convention 1973 Art 150
Patent Cooperation Treaty Art 12(1)
Patent Cooperation Treaty Art 18(2)
Patent Cooperation Treaty Art 31(3)
Patent Cooperation Treaty Art 31(6)(a)
Patent Cooperation Treaty Art 34(1)
Patent Cooperation Treaty R 40(2)(c)
Patent Cooperation Treaty R 68(3)(c)
Keywords: Competence of the Boards of Appeal in proceedings under the PCT
Catchwords:

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Cited decisions:
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Citing decisions:
J 0024/99
J 0003/00
J 0010/15

Source: http://www.epo.org/law-practice/case-law-appeals/recent/j910015ep1.html

Date retrieved: 17 May 2021

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