J 0018/96 (Filing date) of 01.10.1997
- European Case Law Identifier
- ECLI:EP:BA:1997:J001896.19971001
- Date of decision
- 1 October 1997
- Case number
- J 0018/96
- Petition for review of
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- Application number
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- 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
- Verfahren zum Bonden von Chips ...
- Applicant name
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- Opponent name
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- Board
- 3.1.01
- Headnote
1. The requirements under Article 80 EPC for according a filing date are not fulfilled if the description and claims are filed in two different official languages.
2. If, notwithstanding this deficiency, the Receiving Section leaves the applicant for a considerable time in the justified belief that the application was validly filed, then his legitimate expectations may be cited as regards according a filing date.
- Relevant legal provisions
- European Patent Convention Art 14 1973European Patent Convention Art 66 1973European Patent Convention Art 80 1973European Patent Convention Art 87(3) 1973European Patent Convention Art 90 1973European Patent Convention R 39 1973European Patent Convention R 69(1) 1973European Patent Convention R 85a 1973
- Keywords
- According a filing date
EPO languages
Issuing a priority document
Legitimate expectations - Catchword
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ORDER
For these reasons it is decided that:
1. The contested decision is set aside.
2. European patent application No. ... , no longer pending, is accorded the filing date of 2 February 1995.
3. The case is remitted to the department of first instance for the issue of a priority document as requested by the appellant on 17 November 1995.