D 0012/97 (Obligation to give reasons) of 25.06.1998
- European Case Law Identifier
- ECLI:EP:BA:1998:D001297.19980625
- Date of decision
- 25 June 1998
- Case number
- D 0012/97
- Petition for review of
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- Application number
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- IPC class
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- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in German
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
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- Opponent name
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- Board
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- Headnote
I. The REE neither requires that European qualifying examination (EQE) decisions be reasoned nor refers to Rule 68(2) EPC, which therefore does not apply.
II. An obligation to substantiate such decisions, based on Article 125 EPC, presupposes establishing this to be a principle generally recognised in the EPC contracting states.
- Relevant legal provisions
- European Patent Convention Art 125 1973European Patent Convention R 68(2) 1973Regulation on the European qualifying examination Art 8Regulation on the European qualifying examination R 3Regulation on the European qualifying examination R 9(2)
- Keywords
- European qualifying examination - no duty to give reasons for decision - no proof that duty to give reasons is a principle generally recognised in the contracting states
- Catchword
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- Cited cases
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- Citing cases
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ORDER
For these reasons it is decided that:
The appeal is dismissed.