| European Case Law Identifier: | ECLI:EP:BA:1989:T045988.19890213 | ||||||||
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| Date of decision: | 13 February 1989 | ||||||||
| Case number: | T 0459/88 | ||||||||
| Application number: | 81110310.0 | ||||||||
| IPC class: | C21C 5/52 | ||||||||
| Language of proceedings: | DE | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | MAN | ||||||||
| Opponent name: | Voest Alpine; ASEA | ||||||||
| Board: | 3.3.01 | ||||||||
| Headnote: | 1. An opponent's appeal is admissible when the written statement of grounds is based solely on the fact that the patent proprietor himself filed the request for revocation of the patent after the appeal was filed. 2. If the patent proprietor requests that his patent be revoked, it is to be revoked on the basis of this request. It is not in the public interest to maintain a patent against the patent proprietor's will (further to Decisions T 186/84, OJ EPO 1986, 79, and T 237/86, OJ EPO 1988, 261). |
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| Relevant legal provisions: | |||||||||
| Keywords: | Request by the patent proprietor for revocation of his patent after notice of appeal has been filed and before statement of grounds is filed Grounds of appeal relate only to the patent proprietor's request for revocation Admissibility of the appeal |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/t880459ep1.html
Date retrieved: 17 May 2021
11 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)