J 0012/80 (Correction of mistakes) of 26.03.1981
- European Case Law Identifier
- ECLI:EP:BA:1981:J001280.19810326
- Date of decision
- 26 March 1981
- Case number
- J 0012/80
- Petition for review of
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- Application number
- 79103186.7
- 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
- Hoechst
- Opponent name
- -
- Board
- 3.1.01
- Headnote
I. Correction of mistakes in the request for grant of a European patent is not excluded, provided the request for correction is made promptly, even when the application has been published in its uncorrected form while an appeal against refusal of the request to correct the mistakes is pending.
II. Protection of third parties who may have started to use the invention in reliance on the contents of the published uncorrected application, before correction is allowed, is a matter for national courts: the EPC contains no express provisions for protection of third parties in such circumstances analogous to those in Article 122(6).
- Relevant legal provisions
- European Patent Convention R 88 1973
- Keywords
- Correction
Publication while appeal pending
Protection of third parties
Third parties/protection of - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The Decision of the Receiving Section of the European Patent Office dated 3 January 1980 is set aside.
2. It is ordered that the request for grant form filed on European patent application No. 79 103 186.7 is to be corrected by the addition thereto of the designation of Switzerland.