J 0014/87 (Mention of grant of patent) of 20.05.1987

European Case Law Identifier

ECLI:EP:BA:1987:J001487.19870520

Date of decision

20 May 1987

Case number

J 0014/87

Petition for review of

Application number

83105017.4

IPC class

A01F 15/14

Language of proceedings

German

Distribution

Published in the EPO's Official Journal (A)

Download

OJ versions

Other decisions for this case

Abstracts for this decision

Application title

Rundballenpresse

Applicant name

Deere

Opponent name

Board

3.1.01

Headnote

1. Deficiencies in the publication of the mention of grant of a European patent in the European Patent Bulletin do not necessarily render the decision to grant the European patent ineffective under Article 97(4) EPC.

2. A Board of Appeal is not competent to decide on claims for compensation in respect of loss or damage allegedly caused by the EPO in the course of patent grant proceedings.

Relevant legal provisions

European Patent Convention Art 64(1) 1973 European Patent Convention Art 86 1973 European Patent Convention Art 9 1973 European Patent Convention Art 97(4) 1973 European Patent Convention R 37 1973 European Patent Convention R 67 1973

Keywords

Mention of grant patent in EPB effective inspite deficient particulars
Reimbursement of renewal fee (affirmed)
Renewal fee/Reimbursement (affirmed)
Liability for loss/damage caused in the course of patent grant proc.

Catchword

Cited cases

Citing cases

J 0028/94 T 0689/05 T 0506/08 T 1644/10 T 1895/13 T 2249/13 T 2553/19 T 2165/22

ORDER

For these reasons, it is decided that:

1. The contested decision is set aside.

2. A notice is to be published in the European Patent Bulletin stating that the decision to grant the European patent in question took effect on 2 April 1986, and that the second decision of 11 December 1986 granting the same patent remained without effect. ...

5. The claim for damages is dismissed.