T 0039/88 (Micro-organisms) of 15.11.1988

European Case Law Identifier: ECLI:EP:BA:1988:T003988.19881115
Date of decision: 15 November 1988
Case number: T 0039/88
Application number: 83110649.7
IPC class: C12B 7/25
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 391 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: -
Applicant name: CPC
Opponent name: -
Board: 3.3.02
Headnote: There may be a deficiency in complying with Rule 28 EPC when the deposit of a culture of a micro-organism, originally made under other legislation, was not converted into a deposit under Rule 28 EPC or the Budapest Treaty before the filing of a European patent application. Nevertheless, due to the lack of clarity which was inherent in the system of deposits under Rule 28 in that respect, it is not justified to refuse, on this sole ground, a European patent application filed before the publication of the clarifying notice of the EPO dated 18 July 1986 concerning patent applications and European patents in which reference is made to micro-organisms (OJ EPO 1986, 269) (cf. points 4-6 of the reasons).
Relevant legal provisions:
European Patent Convention 1973 Art 83
European Patent Convention 1973 R 28
Keywords: Micro-organisms - deficiency in deposit
Micro-organisms - conversion of ATCC-deposit
Catchwords:

-

Cited decisions:
-
Citing decisions:
T 0142/93
T 2068/11

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t880039ex1.html

Date retrieved: 17 May 2021

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Offical Journal of the EPO

Case Law Book: II Conditions to be met by an Application

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