J 0026/95 (Bankruptcy) of 13.10.1998

European Case Law Identifier: ECLI:EP:BA:1998:J002695.19981013
Date of decision: 13 October 1998
Case number: J 0026/95
Application number: 88903612.5
IPC class: G01D 5/26
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 1 MB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: Motion Sensor
Applicant name: VPL Research, Inc.
Opponent name: -
Board: 3.1.01
Headnote: 1. Assessing whether there are documents satisfying the European Patent Office that a transfer has taken place in accordance with Rule 20(1) and (3) EPC and making the entry in the register is the responsibility of the relevant department of first instance. Accordingly, in appeal proceedings, substitution of another party for the original applicant, is possible only once the relevant department of first instance has made the entry or where there is clear-cut evidence of a transfer (point 2).
2. In the absence of specific circumstances having been shown in the case under consideration, proceedings against the applicant under Chapter 11 "Reorganization" of Title 11 - Bankruptcy - of the United States Code do not interrupt proceedings before the European Patent Office within the meaning of Rule 90(1)b) EPC (point 4.4).
3. Where time limits expiring independently of one another have been missed by the applicant, each resulting in the application being deemed withdrawn, a request for re-establishment has to be filed in respect of each unobserved time limit. In accordance with Article 122(3), second sentence, EPC, a fee for re-establishment has to be paid in respect of each request. It is irrelevant whether the requests for re-establishment are filed in the same letter or in different letters and whether they are based on the same or different grounds (point 5.2).
Relevant legal provisions:
European Patent Convention 1973 Art 72
European Patent Convention 1973 Art 122(1)
European Patent Convention 1973 Art 122(2)
European Patent Convention 1973 Art 122(3)
European Patent Convention 1973 R 20(1)
European Patent Convention 1973 R 20(3)
European Patent Convention 1973 R 90(1)(b)
Keywords: Change of party - no - Rule 90(1)(b) interruption - no - Chapter 11
US-Bankruptcy Code - re-establishment - two time limits missed - two requests and fees due - all due care - denied
Catchwords:

-

Cited decisions:
J 0007/83
J 0011/83
J 0022/88
J 0009/90
J 0009/94
J 0010/94
Citing decisions:
J 0006/98
J 0011/98
J 0016/05
J 0006/08
R 0012/14
T 0976/97
T 1137/97
T 0832/99
T 0848/99
T 0593/04
T 1855/06
T 1751/07
T 2382/10
T 0854/12
T 2017/12
T 0581/14
T 0393/15

Source: http://www.epo.org/law-practice/case-law-appeals/recent/j950026ex1.html

Date retrieved: 17 May 2021

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