|European Case Law Identifier:||ECLI:EP:BA:2013:T247312.20131105|
|Date of decision:||05 November 2013|
|Case number:||T 2473/12|
|IPC class:||C09J 183/00
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Adhesive compositions for optical fibers|
|Applicant name:||THE YOKOHAMA RUBBER CO., LTD.
|Headnote:||(1) Under Rule 164(2) EPC an applicant is not entitled to limit the application to an invention covered only by the international search report and have the corresponding claims examined for patentability: T 1981/12 applied (points 3.5, 4.3 and 4.4 of the reasons).
(2) The effect of Rule 164(2) EPC whereby a national of a non-EPC contracting state may be obliged to file one or more divisional applications in order to obtain protection for subject matter not covered by the supplementary European search report does not amount to different national treatment within the meaning of Article 2(1) of the Paris Convention (point 5.4 of the reasons).
(3) Under Rule 164(2) EPC an applicant who limits the application to an invention covered by the international search report but not to one covered by the supplementary European search report is not entitled to have a further search drawn up by the EPO (point 6 of the reasons).
|Relevant legal provisions:||
|Keywords:||Applicant entitled to pursue subject-matter not covered by supplementary European search report (no)
Applicant entitled to have further search drawn up (no)
Conflict with Paris Convention (no)
Reimbursement of appeal fee (no)
Date retrieved: 30 December 2018
13 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 2016, A87 - Interlocutory decision of Technical Board of Appeal 3.3.06 dated 17 July 2015 - T 557/13