W 0031/88 (Beta blockers) of 9.11.1988

European Case Law Identifier: ECLI:EP:BA:1988:W003188.19881109
Date of decision: 09 November 1988
Case number: W 0031/88
Application number: -
IPC class: -
Language of proceedings: FR
Distribution:
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Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: -
Applicant name: not published
Opponent name: -
Board: 3.3.01
Headnote: 1. Consideration of the clarity and conciseness of claims by the International Searching Authority (ISA) is limited to whether they can be sufficiently understood to permit a meaningful search to be carried out (Article 17(2)(a)(ii) PCT).
2. Under the PCT the International Searching Authority (ISA) is not competent to consider and judge whether the requirements of Article 6 PCT (in particular clarity and conciseness of claims) have been met.
3. According to Article 17 PCT clarity of claims for the purposes of a meaningful search is a separate question from that of unity of invention. An alleged lack of clarity in a claim cannot be used as a reason for an objection based on lack of unity.
Relevant legal provisions:
European Patent Convention 1973 Art 154(3)
Patent Cooperation Treaty Art 6
Patent Cooperation Treaty Art 17(2)(a)(ii)
Patent Cooperation Treaty Art 17(3)(a)
Patent Cooperation Treaty R 13
Patent Cooperation Treaty R 40(1)
Patent Cooperation Treaty R 40(2)(c)
Keywords: Invitation to pay additional fees on the grounds of alleged lack of clarity
Catchwords:

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Cited decisions:
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Citing decisions:
W 0007/03
W 0021/04
W 0008/07

Source: http://www.epo.org/law-practice/case-law-appeals/recent/w880031ep1.html

Date retrieved: 17 May 2021

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