J 0018/84 (Register of European patents - Entries in) of 31.07.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:J001884.19860731
- Date of decision
- 31 July 1986
- Case number
- J 0018/84
- Petition for review of
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- Application number
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- IPC class
- A01C 3/02
- 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
- non publié
- Opponent name
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- Board
- 3.1.01
- Headnote
1. Separate written declarations cannot be regarded as an "instrument of transfer" within the meaning of Rule 20(1) EPC if one (in the present case the declaration of acceptance) is sent only to the EPO (see Reasons, point 5.1).
2. The "decisions in respect of entries in the Register of European Patents" reserved under Article 20 EPC for the Legal Division include any applying Rules 20, 21, 22 and 61 EPC. Requests for entries must be submitted to the Legal Division once an adverse decision within the meaning of Article 107, 1st sentence, EPC seems likely (see Reasons, point 2). This applies mutatis mutandis to decisions applying Rule 19 EPC (see Reasons, points 6.3 and 6.4).
- Relevant legal provisions
- European Patent Convention Art 20 1973European Patent Convention R 20 1973
- Keywords
- Register of European patents/ Entries in
Instrument of transfer
Signature on NCR (no carbon required) paper
Legal Division - Responsibility of - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The recording of the transfer to the respondents as applicants effected by the Receiving Section on 18 November 1982 in respect of European patent application No. 80 106 734.9, and the decision of the Legal Division of the European Patent Office dated 17 February 1984, are set aside.
2. The respondents and appellant are to be entered as joint applicants in the Register of European patents, which transfer has had effect vis-à-vis the European Patent Office since 7 September 1982, in accordance with Rule 20(3) EPC. The examination proceedings may be resumed by a communication under Rule 51(4) EPC to the professional representative of Respondent I appointed by the applicants as their common representative.
3. The respondents are to be added as further inventors to the existing designation of the inventor.
4. The appeal fee of DM 630 is refunded.
5. One fee of DM 125 for registering a transfer, and payments of DM 115 and DM 30, i.e. a total of DM 270, are refunded.