J 0018/90 (Denmark - expressly) of 22.03.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:J001890.19910322
- Date of decision
- 22 March 1991
- Case number
- J 0018/90
- Petition for review of
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- Application number
- 89124087.1
- IPC class
- -
- 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
- Canon
- Opponent name
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- Board
- 3.1.01
- Headnote
1. The express designation of a new Contracting State in a European patent application shortly before entry into force of the European Patent Convention for that state is no justification for deferring the filing date until the date of entry into force (cf. J 14/90, OJ EPO 1992, 505). However, such express designation may, after checking with the applicant, be interpreted as meaning that the applicant does not want a filing date earlier than the date on which the European Patent Convention enters into force for the state concerned.
2. In written proceedings before the European Patent Office and in its decision the Office may also use an official language other than the language of proceedings provided that all parties to the proceedings have given their agreement.
- Relevant legal provisions
- European Patent Convention Art 80 1973European Patent Convention R 1 1973European Patent Convention R 2 1973European Patent Convention R 3 1973
- Keywords
- Filing date - later by interpretation
Official language - other than language of proceedings in written procedure and decision - Catchword
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- Cited cases
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ORDER
For these reasons it is decided that:
1. The contested decision is set aside.
2. European patent application No. 89 124 087.1 is accorded the filing date 1 January 1990.