T 0550/88 (National prior right) of 27.3.1990

European Case Law Identifier: ECLI:EP:BA:1990:T055088.19900327
Date of decision: 27 March 1990
Case number: T 0550/88
Application number: 82304950.7
IPC class: C10M 139/00
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 716 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: Mobil
Opponent name: Mobil
Board: 3.3.01
Headnote: 1. A national prior right is not a "European patent application" within the meaning of Article 54(3) EPC, and is accordingly not comprised in the state of the art.
2. A notice of opposition, if it is to be admissible, should state the legal and factual reasons why the alleged grounds of opposition should succeed. If the only facts and evidence which are indicated in the notice of opposition cannot as a matter of law support the alleged grounds of opposition, the opposition is inadmissible. This is the case, where the facts and evidence presented in support of the ground of lack of novelty relate only to national prior rights.
3. Amendments in opposition proceedings which are proposed only in view of the existence of prior national rights are neither necessary nor appropriate within the meaning of Rule 58(2) EPC and are accordingly not allowable (deviating from Guidelines C-III,8.4 and Legal Advice 9/81, OJ EPO 1981,68).
4. Amendments proposed in response to a notice of opposition are not allowable if the opposition is inadmissible.
Relevant legal provisions:
European Patent Convention 1973 Art 54(1)
European Patent Convention 1973 Art 54(3)
European Patent Convention 1973 Art 100(a)
European Patent Convention 1973 Art 137
European Patent Convention 1973 Art 138
European Patent Convention 1973 Art 139
European Patent Convention 1973 R 55(c)
European Patent Convention 1973 R 56(1)
European Patent Convention 1973 R 57(1)
European Patent Convention 1973 R 58(2)
Keywords: Lack of novelty under Art.54(3) EPC as only ground of opposition
National prior rights as only support for such ground
National prior rights not state of the art under Art.54(3) EPC
Opposition inadmissible
Amendments proposed in view of national prior rights not allowable
Catchwords:

-

Cited decisions:
-
Citing decisions:
G 0001/95
G 0007/95
T 0240/92
T 0951/92
T 1002/92
T 0015/93
T 0279/93
T 0583/93
T 0286/96
T 0765/96
T 0397/99
T 1082/00
T 0079/07
T 0597/07
T 1495/09
T 0899/13

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