T 0128/10 () of 10.12.2010 | XEPC: EPC and PCT resource

European Case Law Identifier:

ECLI:EP:BA:2010:T012810.20101210

Date of decision:

10 December 2010

Case number:

T 0128/10

Petition for review:

R 0001/11

Application number:

96114753.5

IPC class:

G06K 7/06

Language of proceedings:

Distribution:

Download and more information:

Decision text in EN (PDF, 46Â KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in:	EN
Versions:	Unpublished

Title of application:

IC card reader with audio output

Applicant name:

Gemalto SA

Opponent name:

Molnia, David

Board:

3.4.01

Headnote:

I. According to Rule 22 EPC in conjunction with Rule 85 EPC, the procedural requirements to be fulfilled for recording the transfer of a European patent in the European Patent Register consist in the filing of a request of the interested party, the production of documents providing evidence of the transfer, and the payment of an administrative fee. These requirements do not need to be fulfilled at the same time. If they are met on different dates, the transfer shall only have effect vis-Ã -vis the EPO at the date on which all the requirements mentioned above are fulfilled (Reasons, 3.5).
II. If an appellant declares that it was its true intention to file an appeal on behalf of its name, there is no deficiency in the notice of appeal concerning the name of the appellant which may be remedied in accordance with Rule 99(1)(a) EPC in conjunction with Rule 101(2) EPC (in agreement with T 97/98) nor an error which may be corrected pursuant to Rule 139, first sentence, EPC (Reasons, 5.4).

Relevant legal provisions:

European Patent Convention Art 112(1)(a)
European Patent Convention R 22
European Patent Convention R 99(1)(a)
European Patent Convention R 101(2)
European Patent Convention R 139

Keywords:

Catchwords:

Cited decisions:

G 0002/04
T 0097/98
T 0656/98
T 0015/01

Citing decisions:

G 0001/12
J 0007/12
T 0445/08
T 0028/10
T 1872/11

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t100128eu1.html

Date retrieved: 17 May 2021