T 0013/82 (Statement of Grounds of appeal) of 3.3.1983

European Case Law Identifier: ECLI:EP:BA:1983:T001382.19830303
Date of decision: 03 March 1983
Case number: T 0013/82
Application number: 79101992.0
IPC class: -
Language of proceedings: DE
Distribution:
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Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: -
Applicant name: BBC
Opponent name: -
Board: 3.5.01
Headnote: I. If the notice of appeal does not contain anything that can be regarded as a Statement of Grounds, the appeal is inadmissible unless a written Statement of Grounds is received by the EPO within the time limit set in Article 108, third sentence.
II. Re-establishment of rights may be justified under the conditions set out in Decision J 05/80 dated 7 July 1981 (OJ EPO 1981, p. 343) in the event of a wrongful act or omission on the part of an assistant. However, first of all a conclusive case must be made, setting out and substantiating the facts, for the probability that such a wrongful act or omission was instrumental in the failure to meet the time limit.
III. If an appeal is to be rejected as inadmissible solely because the Statement of Grounds was not filed in due time the fee for appeal is not refundable.
Relevant legal provisions:
European Patent Convention 1973 Art 108
European Patent Convention 1973 Art 122
European Patent Convention 1973 R 65(1)
European Patent Convention 1973 R 67
Keywords: Statement of grounds of appeal
Appeal fee
Late statement of grounds - no refund
Re-establishment of rights
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 0260/89
T 0755/90
T 0682/92
T 0848/92
T 1047/92
T 0143/93
T 0265/93
T 0488/93
T 0878/95
T 0301/96
T 0543/99
T 0823/99
T 0734/01
T 0163/02
T 0902/05
T 0261/07
T 1042/07
T 0585/08
T 0919/10

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t820013ep1.html

Date retrieved: 17 May 2021

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