| European Case Law Identifier: | ECLI:EP:BA:1989:T008187.19890124 | ||||||||
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| Date of decision: | 24 January 1989 | ||||||||
| Case number: | T 0081/87 | ||||||||
| Application number: | 82100124.5 | ||||||||
| IPC class: | C12N 15/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Collaborative | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.3.02 | ||||||||
| Headnote: | In accordance with Article 87(1) EPC a European patent application is only entitled to priority in respect of the same invention as was disclosed in the previous application. This means that the subject-matter of the claims of the European application must be clearly identifiable in the previous application as a whole. Identical wording is not required. In order to give rise to priority the disclosure of all the essential elements, i.e. features of the invention in the priority document must either be express, or be directly and unambiguously implied by the text as filed. Missing elements which are to be recognised as essential only later on, are thus not part of the disclosure. | ||||||||
| Relevant legal provisions: | |||||||||
| Keywords: | Priority - missing essential features Priority - same invention in previous and subsequent application Sufficiency - inclusion of future invention Novelty - enabling disclosure |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t870081ex1.html
Date retrieved: 17 May 2021
36 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.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)
XOJ EPO 2016, A87 - Interlocutory decision of Technical Board of Appeal 3.3.06 dated 17 July 2015 - T 557/13
Case Law Book: II Conditions to be met by an Application
XCLR II D 3.1.2 G 2/98 and the concept of disclosure – interpretation in the same way as for Art. 123(2) EPC
XCLR II D 3.1.5 Explicit or implicit disclosure of the features of the invention in the priority document