G 0002/89 (Non-unity a posteriori) of 02.05.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:G000289.19900502
- Date of decision
- 2 May 1990
- Case number
- G 0002/89
- Petition for review of
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- Application number
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- IPC class
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- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
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- Opponent name
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- Board
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- Headnote
The EPO in its function as an ISA may, pursuant to Article 17(3)(a) PCT, request a further search fee where the international application is considered to lack unity of invention "a posteriori".
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 112(1)(b) 1973European Patent Convention Art 154(3) 1973Patent Cooperation Treaty Art 17(3)(a)Patent Cooperation Treaty R 13Patent Cooperation Treaty R 33Patent Cooperation Treaty R 40
- Keywords
- Competence of the Enlarged Board of Appeal in protest cases under PCT
Non-unity a posteriori - Catchword
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Conclusion
For these reasons, the Enlarged Board, in answer to the question put by the President of the EPO in his letter dated 3 August 1989, concludes that:
The EPO in its function as an ISA may, pursuant to Article 17(3)(a) PCT, request a further search fee where the international application is considered to lack unity of invention "a posteriori".