J 0016/90 (Re-establishment of rights) of 06.03.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:J001690.19910306
- Date of decision
- 6 March 1991
- Case number
- J 0016/90
- Petition for review of
- -
- Application number
- 89111906.7
- IPC class
- B24D 9/08
- 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
- -
- Applicant name
- Fabritius
- Opponent name
- -
- Board
- 3.1.01
- Headnote
The Enlarged Board of Appeal is requested to decide whether Article 122 EPC (re-establishment of rights) applies to European patent applications on the one hand and international (Euro-PCT) applications on the other hand in respect of
1. the time limits for payment of the filing fee, search fee and designation fee in Articles 78(2) and 79(2) EPC or for payment of the national fee in Article 158(2) EPC
2. the time limit for filing a request for examination under Articles 94(2) and 150(2), 4th sentence, EPC.
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 122(5) 1973
- Keywords
- Scope of Article 122(5) EPC
Referral to the Enlarged Board of Appeal - Catchword
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ORDER
For these reasons it is decided that: The following points of law are referred to the Enlarged Board of Appeal for decision:
1. On re-establishment of rights in respect of time limits for payments due at the beginning of the procedure before the EPO:
(a) In the case of European applications, is Article 122 EPC applicable to the time limits in Article 78(2) and Article 79(2) EPC?
(b) In the case of international applications, is Article 122 EPC applicable to the time limit for payment of the national fee referred to in Article 158(2), 2nd sentence, EPC?
2. On re-establishment of rights in respect of time limits for filing a request for examination:
(a) In the case of European applications, is Article 122 EPC applicable to the time limit in Article 94(2) EPC?
(b) In the case of international applications, is Article 122 EPC applicable to the time limit referred to in Article 150(2), 4th sentence, EPC?