| European Case Law Identifier: | ECLI:EP:BA:2007:T043906.20070131 | ||||||||
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| Date of decision: | 31 January 2007 | ||||||||
| Case number: | T 0439/06 | ||||||||
| Application number: | 96942546.1 | ||||||||
| IPC class: | G06F 17/60 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | Electronic trading system including an auto-arbitrage feature or name switching feature | ||||||||
| Applicant name: | REUTERS LIMITED | ||||||||
| Opponent name: | HSBC Bank plc et al. | ||||||||
| Board: | 3.5.01 | ||||||||
| Headnote: | 1. Article 122(1) EPC stipulates that a patent proprietor can only have his rights reestablished if he has observed all due care required by the circumstances. Thus what all due care calls for depends on the specific circumstances of the case. In this respect, not only the individual circumstances of the person concerned have to be taken into consideration, but also the kind of time limit that needs to be observed and the legal consequences of missing it. 2. The representative bears the final responsibility. As the consequences of missing the time limit for filing the statement of grounds of appeal are severe, all due care under these circumstances requires the representative to verify the time limit calculated by his records department when he receives the file for dealing with it. He cannot simply rely on having delegated this task once and for all to his records department (see points 8 and 10 of the Reasons). |
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| Relevant legal provisions: | |||||||||
| Keywords: | Re-establishment of rights (no) All due care required by the representative (no) Application of principle of proportionality (no) |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t060439ex1.html
Date retrieved: 17 May 2021
21 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - E General Procedural Matters
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)