G 0003/92 (Unlawful applicant) of 13.06.1994

European Case Law Identifier: ECLI:EP:BA:1994:G000392.19940613
Date of decision: 13 June 1994
Case number: G 0003/92
Petition for review of: J 0001/91 1992-03-31
Application number: 90304744.7
IPC class: A62B 35/04
Language of proceedings: English
Distribution: Published in the EPO's Official Journal (A)
Download: Decision in English
OJ versions: German
English
French
Other decisions for this case: -
Abstracts for this decision: -
Application title: Bypassing double action rope grip
Applicant name: Latchways Limited
Opponent name: -
Board: -
Headnote: When it has been adjudged by a final decision of a national court that a person other than the applicant is entitled to the grant of a European patent, and that person, in compliance with the specific requirements of Article 61(1) EPC, files a new European patent application in respect of the same invention under Article 61(1)(b) EPC, it is not a pre-condition for the application to be accepted that the earlier original usurping application is still pending before the EPO at the time the new application is filed.
Relevant legal provisions: European Patent Convention Art 167 1973 European Patent Convention Art 60 1973 European Patent Convention Art 61 1973 European Patent Convention R 13 1973 European Patent Convention R 14 1973 European Patent Convention R 15 1973 European Patent Convention R 16 1973Protocol_on_Recognition_Art_001Protocol_on_Recognition_Art_009RPBA_012a
Keywords: Final decision by a national court
Party other than applicant entitled to patent
Third parties' interests
Withdrawal of original application by unlawful applicant
Filing of new application by lawful applicant
Catchword: -
Cited cases: -
Citing cases: G 0001/22 G 0002/22 J 0001/91 J 0007/96 J 0008/96 J 0002/01 J 0006/03 J 0008/04 J 0020/05 J 0009/06 J 0013/12 J 0015/13 J 0016/14 J 0017/14 J 0018/14 J 0019/14 J 0020/14 J 0021/14 J 0022/14 J 0004/17 J 0005/17 J 0006/17 J 0007/17 J 0008/17 J 0009/17 J 0003/18 J 0014/19 J 0001/23 T 2473/12 T 0205/14 T 0517/14 T 0844/18

ORDER

For these reasons, it is decided that:

When it has been adjudged by a final decision of a national court that a person other than the applicant is entitled to the grant of a European patent, and that person, in compliance with the specific requirements of Article 61(1) EPC, files a new European patent application in respect of the same invention under Article 61(1)(b) EPC, it is not a pre-condition for the application to be accepted that the earlier original usurping application is still pending before the EPO at the time the new application is filed.