J 0016/82 (Assistant; substitute) of 02.03.1983
- European Case Law Identifier
- ECLI:EP:BA:1983:J001682.19830302
- Date of decision
- 2 March 1983
- Case number
- J 0016/82
- Petition for review of
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- Application number
- 82100130.2
- 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
- Theurer
- Opponent name
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- Board
- 3.1.01
- Headnote
I. An "assistant" within the meaning of Decision J 05/80 of the Legal Board of Appeal dated 7 July 1981 (OJ EPO 1981, p. 343) includes a substitute replacing an assistant who is on leave, ill or absent for some other reason. The same standard of care must be exercised as regards the choice, instruction and supervision of the substitute as of the assistant himself.
II. If an appeal is finally deemed not to have been filed because the appeal fee was not paid in due time, that fee must be reimbursed automatically (further to Decision J 21/80 dated 26 February 1981 in OJ EPO 1981, page 102).
- Relevant legal provisions
- European Patent Convention Art 108 1973European Patent Convention Art 122 1973
- Keywords
- Assistant/substitute
Standard of care
Reimbursement of appeal fee
Appeal fee reimbursement of - Catchword
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- Cited cases
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- Citing cases
- G 0001/18J 0019/84J 0025/87J 0003/13T 0176/91T 0715/91T 0567/92T 0777/92T 0489/93T 0021/94T 0943/97T 0001/99T 0447/00T 0448/00T 0060/01T 0734/01T 0738/02T 0871/02T 0221/04T 1026/06T 0046/07T 0257/07T 0261/07T 0473/07T 0555/08T 0585/08T 0938/09T 2017/12T 1553/13T 1954/13T 1022/14T 0551/15T 1897/17
ORDER
For these reasons, it is decided that:
1. The application for re-establishment of rights in respect of the time limit for paying the appeal fee is refused.
2. The appeal against the Decision of the Receiving Section of the European Patent Office dated 14 May 1982 is deemed not to have been filed.