J 0005/79 (Party adversely affected by a decision) of 17.01.1980
- European Case Law Identifier
- ECLI:EP:BA:1980:J000579.19800117
- Date of decision
- 17 January 1980
- Case number
- J 0005/79
- Petition for review of
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- Application number
- 79100556.4
- IPC class
- -
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- 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
- Siemens
- Opponent name
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- Board
- 3.1.01
- Headnote
I. The applicant for a European patent whose right of priority has been declared lost for failure to file a copy of the priority document within the permitted 16-months period but whose right has been restored before publication of the European patent application is not thereafter adversely affected by the decision that the right had been lost.
II. Third party rights to continue use of an invention where an applicant's rights have been lost and restored cannot arise if the loss and restoration of the applicant's rights occur before publication of the European patent application.
- Relevant legal provisions
- European Patent Convention Art 107 1973European Patent Convention Art 122(6) 1973European Patent Convention Art 91(3) 1973European Patent Convention R 38(3) 1973European Patent Convention R 65(1) 1973
- Keywords
- Right to continue use
- 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 against the decision of the Receiving Section of the European Patent Office of 22 August 1979 is rejected as inadmissible