J 0001/80 (Filing priority documents) of 17.07.1980
- European Case Law Identifier
- ECLI:EP:BA:1980:J000180.19800717
- Date of decision
- 17 July 1980
- Case number
- J 0001/80
- 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
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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
As an applicant may file certified copies of priority documents at any time before the end of the sixteenth month after the date of priority, there is only a deficiency which he must be given an invitation to correct when that period has expired.
- Relevant legal provisions
- European Patent Convention Art 122(1) 1973European Patent Convention Art 91(1) 1973European Patent Convention Art 91(2) 1973European Patent Convention Art 91(3) 1973European Patent Convention Art 91(5) 1973European Patent Convention R 38(3) 1973European Patent Convention R 41(1) 1973European Patent Convention R 42(1) 1973European Patent Convention R 67 1973European Patent Convention R 84 1973
- Keywords
- Priority documents/filing
Deficiency
Restitutio in integrum
Procedural violation - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The Decisions of the Receiving Section of the European Patent Office dated 14 September and 7 November 1979 are set aside.
2. It is declared that no loss of the right of priority for the application in suit occurred as a result of the mere expiry of the period of sixteen months.
3. Reimbursement of the fee for restitution of rights is ordered.
4. Reimbursement of the appeal fees is ordered.