G 0004/08 (Language of the proceedings/MERIAL) of 16.02.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:G000408.20100216
- Date of decision
- 16 February 2010
- Case number
- G 0004/08
- Petition for review of
- J 0008/07 2008-12-08
- Application number
- 02759818.4
- IPC class
- C12N 1/00
- Language of proceedings
- French
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in French
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Vaccin contre le virus de la fièvre du Nil.
- Applicant name
- MERIAL
- Opponent name
- -
- Board
- -
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 14(1)European Patent Convention Art 14(1) 1973European Patent Convention Art 14(3)European Patent Convention Art 14(3) 1973European Patent Convention Art 150(3) 1973European Patent Convention Art 153European Patent Convention Art 153 1973European Patent Convention Art 158 1973European Patent Convention R 1 1973European Patent Convention R 107(1)(a) 1973European Patent Convention R 157(2)European Patent Convention R 159European Patent Convention R 2 1973European Patent Convention R 3European Patent Convention R 4Patent Cooperation Treaty Art 22Patent Cooperation Treaty Art 23Patent Cooperation Treaty Art 3(4)Patent Cooperation Treaty R 12(1)Patent Cooperation Treaty R 49(1)Patent Cooperation Treaty R 49(2)
- Keywords
- Language of the proceedings
- Catchword
- The Enlarged Board of Appeal, in response to the three points of law referred to it, concludes that:
Question 1: If an international patent application has been filed and published under the PCT in an official language of the EPO, it is not possible, on entry into the European phase, to file a translation of the application into another EPO official language.
Question 2: In written proceedings on a European patent application or an international application in the regional phase, EPO departments cannot use an EPO official language other than the language of proceedings used for the application under Article 14(3) EPC.
Question 3: This question is redundant.
Order
For these reasons it is decided that:
Question 1:
If an international patent application has been filed and published under the PCT in an official language of the EPO, it is not possible, on entry into the European phase, to file a translation of the application into another EPO official language.
Question 2:
In written proceedings on a European patent application or an international application in the regional phase, EPO departments cannot use an EPO official language other than the language of proceedings used for the application under Article 14(3) EPC.
Question 3:
This question is redundant.