| European Case Law Identifier: | ECLI:EP:BA:1993:W000493.19931105 | ||||||||
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| Date of decision: | 05 November 1993 | ||||||||
| Case number: | W 0004/93 | ||||||||
| Application number: | - | ||||||||
| IPC class: | C11D 3/12 | ||||||||
| Language of proceedings: | DE | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | not publ. | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.3.01 | ||||||||
| Headnote: | 1. The review, required under Rule 68.3(e) PCT, of the justification for the invitation to pay an additional fee for the international preliminary examination must be based exclusively on the reasons contained in the invitation to pay, having regard to the facts and arguments submitted by the applicants in the grounds given for their protest. This rules out the subsequent submission of new reasons and evidence in the notification of the result of the review (Reasons, 2.1 and 2.2). 2. The notification of the result of the review of the invitation to pay under Rule 68.3(e) PCT should address the grounds given for the protest (Reasons, 2.3). 3. The right of the applicants to communicate orally with the IPEA (Article 34(2)(a) PCT) does not include the right to formal oral proceedings. An informal interview under Rule 66.6 PCT is usually not expedient in protest proceedings under Rule 68.3(c) PCT (Reasons, 9). |
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| Keywords: | IPEA Scope of review under Rule 68.3(e) PCT Assessment of unity a posteriori Objective criteria, but avoiding a purely theoretical approach Reimbursement of part of the additional fees Oral proceedings (no) Mündliche Verhandlung (nein) |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/w930004ep1.html
Date retrieved: 17 May 2021
13 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.PCT Articles
PCT Implementing Rules
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)
Case Law Book: II Conditions to be met by an Application
XCLR II B 3.3 Assessment of lack of unity and of requests for refund of further search fees in examination proceedings