Quick Navigation

 

Case Law of the Boards of Appeal

 
 
2.1. General

Art. 127 and R. 143 EPC (previously R. 92 EPC 1973) govern entries in the European Patent Register. The EPC 2000 introduces two new procedures which have to be mentioned in the European Patent Register:

- the request for limitation or revocation of a European patent (Art. 105a to 105c EPC), and

- the petition for review by the Enlarged Board of Appeal (Art. 112a EPC).

According to J 5/79 (OJ 1980, 71), no entries could be made in the Register of Patents prior to publication of the European patent application (Art. 127 EPC 1973). Even in the case of published applications, R. 92(1)(u) EPC 1973 provided that the date of re-establishment of rights was to be entered only if loss of the application (R. 92(1)(n) EPC 1973) or the revocation of the patent (R. 92(1)(r) EPC 1973) had been entered in the Register.

An entry in the Register of European Patents recording the withdrawal of a patent application fulfilled the same function as a publication in the European Patent Bulletin in that it amounted to a notification to the public (J 25/03, OJ 2006, 395; see also J 14/04 and J 12/03).