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Case Law of the Boards of Appeal

 
 
5.2.1 Requirement for information identifying the applicant (Rule 40(1)(b) EPC)

R. 40(1)(b) EPC provides that the date of filing of a European patent shall be the date on which the documents filed by the applicant contain, inter alia, 'information identifying the applicant or the allowing the applicant to be contacted'. (The latter option was added in the EPC 2000). The requirement for information identifying the applicant was previously contained in Art. 80(c) EPC 1973.

In J 25/86 (OJ 1987, 475) it was pointed out that the requirement under Art. 80(c) EPC 1973 for "information identifying the applicant" was to be considered as having been met whenever it was possible to establish beyond reasonable doubt the identity of the applicant on the basis of all data contained in the documents filed by the applicant or his representative.

As noted above, (para. 4.), under Art. 60(3) EPC the EPO assumes the applicant to be entitled to the European patent.