|European Case Law Identifier:||ECLI:EP:BA:2012:T184309.20120606|
|Date of decision:||06 June 2012|
|Case number:||T 1843/09|
|IPC class:||C08J 15/28
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Biaxially oriented film|
|Applicant name:||TORAY INDUSTRIES, INC.|
|Opponent name:||Teijin Limited|
|Headnote:||The prohibition of reformatio in peius as far as it entails a procedural limitation of the proprietor's liberty to change by way of amendments the scope of protection sought prevails "in principle" (G 4/93) until the final settlement of the opposition case and, therefore, also in any proceedings, including further appeal proceedings, subsequent to a remittal under Article 111 EPC (point 2.3.1 of the reasons).
It is clear from G 1/99 that exceptions from the principle of the prohibition of reformatio in peius are a matter of equity in order to protect the non-appealing proprietor against procedural discrimination in circumstances where that prohibition would impair the legitimate defence of its patent. Therefore, exceptions from the prohibition of reformatio in peius are not limited to the situation specifically dealt with in G 1/99, where an error of judgment by the opposition division occurred concerning an amendment introduced into the version of the patent as maintained by the decision under appeal (point 2.4.4 of the reasons).
|Relevant legal provisions:||
|Keywords:||Exceptions from the prohibition of reformatio in peius
Inventive step (no)
Date retrieved: 17 May 2021
24 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
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)