J 0014/91 (Inspection of files) of 06.11.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:J001491.19911106
- Date of decision
- 6 November 1991
- Case number
- J 0014/91
- Petition for review of
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- Application number
- 90124892.2
- IPC class
- B05D 5/08
- 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
- Alt
- Opponent name
- Mahler
- Board
- 3.1.01
- Headnote
1. The rights under a European patent application can also be said to have been invoked within the meaning of Article 128(2) EPC where the invocation of rights is formulated in relation to the first filing in a Contracting State but the subsequent European application is mentioned at the same time (cf. Reasons point 4).
2. A dispute between the applicant and a third party concerning the latter's right to inspect the files pursuant to Article 128(2) EPC is best decided in oral proceedings convened at short notice (cf. Reasons point 3).
3. In such cases, the period of notice applicable to a summons under Rule 71(1) EPC may be abridged. The parties need only be allowed sufficient time to prepare themselves adequately in the given circumstances (cf. Reasons 2.5).
- Relevant legal provisions
- European Patent Convention Art 125 1973European Patent Convention Art 128(2) 1973European Patent Convention Art 164(2) 1973European Patent Convention R 71(1) 1973
- Keywords
- Inspection of files ahead of time - even where rights under priority application invoked
Summons, shorter period of notice - according to principles of national law in urgent cases - Catchword
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- Cited cases
- -
- Citing cases
- J 0007/00
ORDER
For these reasons it is decided that:
1. The contested decision is set aside.
2. Inspection of the files of European patent application No. 90 124 892.2 is granted.
3. The subsidiary requests for referral to the Enlarged Board of Appeal are refused.