T 0210/89 (Re-establishment of rights by appellant opponent) of 20.10.1989

European Case Law Identifier: ECLI:EP:BA:1989:T021089.19891020
Date of decision: 20 October 1989
Case number: T 0210/89
Application number: 81304345.2
IPC class: G01S 13/30
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 404 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: Marconi
Opponent name: Hollandse Signaalapparaten B.V.
Board: 3.5.01
Headnote: 1. An opponent (appellant) seeking to have his rights re- established under Article 122(1) EPC, cannot rely on the principle of "equality before the law" (applying Art. 125 EPC), where appeal is not in existence for procedural reasons: distinguishing G 1/86, "Re-establishment of rights of opponent/VOEST ALPINE" (OJ EPO 1987, 447). He is not entitled to have his rights re-established under Article 122(1) EPC when he misses the time limit for filing an appeal (Art. 108, 1st sentence, EPC).
2. The legal position of such an opponent/appellant differs from that of one whose appeal does exist, but whose statement of grounds of appeal is filed out of time: cf. G 1/86, "Re- establishment of rights of opponent/VOEST ALPINE" (OJ EPO 1987, 447).
3. Changes in the Rules of the EPC are non-retrospective (principle of legal certainty).
4. When the two-week period laid down by the President of the EPO pursuant to Rule 36(5) EPC in the decision dated 29 July 1987, OJ EPO 1987, 323* has not been observed, the appeal is deemed not to have been received.
Relevant legal provisions:
European Patent Convention 1973 Art 108 Sent 1
European Patent Convention 1973 Art 122
European Patent Convention 1973 Art 125
European Patent Convention 1973 R 36(5)
Decision President dated 29 July 1987
Keywords: Appeal not in existence
Re-establishment of rights - appellant as opponent
Principle of equality before the law
Catchwords:

-

Cited decisions:
-
Citing decisions:
J 0010/01
T 0612/90
T 0229/98
T 0971/99
T 0314/01
T 0991/04
T 0220/13
T 0181/14
T 0251/15
T 1946/15

Source: http://www.epo.org/law-practice/case-law-appeals/recent/t890210ex1.html

Date retrieved: 17 May 2021

12 references found.

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EPO Guidelines - E General Procedural Matters

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