| European Case Law Identifier: | ECLI:EP:BA:1989:T002688.19890707 | ||||||||
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| Date of decision: | 07 July 1989 | ||||||||
| Case number: | T 0026/88 | ||||||||
| Application number: | 81200005.7 | ||||||||
| IPC class: | C07C | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Akzo | ||||||||
| Opponent name: | Pennwalt Corporation | ||||||||
| Board: | 3.3.01 | ||||||||
| Headnote: | 1. If the time limit for carrying out the requirements of Article 102(4), (5) EPC is not observed, the patent is automatically revoked by operation of law immediately upon expiry of such time limit: no decision is required to cause revocation to occur. 2. A document issued after expiry of such a time limit and stating that the patent is revoked should not in its context be interpreted as a decision within the meaning of Article 106(1) EPC, but as a notification of the revocation of the patent which has already occurred. No appeal therefore lies from such a document. |
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| Relevant legal provisions: | |||||||||
| Keywords: | Patent maintained in amended form Printing fee not paid and translation not filed within time limit Patent revoked automatically immediately upon expiry of time limit Documents issued by the EPO not decisions Appeal non-existant |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t880026ex1.html
Date retrieved: 17 May 2021
22 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)
Case Law Book: III Amendments
Case Law Book: IV Divisional Applications
XCLR IV C 8.1 Revocation of a European patent for failure to fulfil formal requirements – by way of decision