J 0012/82 (Late request for examination) of 11.03.1983
- European Case Law Identifier
- ECLI:EP:BA:1983:J001282.19830311
- Date of decision
- 11 March 1983
- Case number
- J 0012/82
- Petition for review of
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- Application number
- 80870046.2
- IPC class
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- Language of proceedings
- French
- 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
- Floridienne
- Opponent name
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- Board
- 3.1.01
- Headnote
I. The mere payment of the examination fee within the time limits provided for in Article 94(2) and Rule 85b EPC cannot be a substitute for filing the request itself in good time. If such a request has not been filed within the time limits, the European patent application is deemed to be withdrawn under the terms of Article 94(3).
II. Article 122(5) EPC excludes "restitutio in integrum" not only where the time limit provided for in the specifically mentioned Article 94(2) is not observed, but also where the period of grace laid down in Rule 85b, extending the normal period for the request for examination, is not observed.
- Relevant legal provisions
- European Patent Convention Art 122(5) 1973European Patent Convention Art 94 1973European Patent Convention R 85b 1973
- Keywords
- Late request for examination
Examination/late request - Catchword
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- Cited 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 dated 23 March 1982 is rejected.