J 0004/00 of 21.03.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:J000400.20020321
- Date of decision
- 21 March 2002
- Case number
- J 0004/00
- Petition for review of
- -
- Application number
- -
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- -
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 94 1973European Patent Convention R 104b 1973European Patent Convention R 85 1973European Patent Convention R 88 1973
- Keywords
- -
- Catchword
- A request for examination under Article 94 EPC requires, over and above payment of the examination fee, that the underlying intention of an applicant that its application proceed to examination is manifested in a written statement made by the applicant or its representative addressed to the Office and received there in time. While this requirement is quite distinct from that of payment of the examination fee, there is no prescribed form of words for a request for examination which (as here) can be contained in the same document (here, a telex) as a debit order or other payment instruction. To qualify as a request for examination, the only reasonable interpretation in the circumstances of the case of the text filed with the Office must be that the applicant thereby wanted to inform the Office that it wish to have the application examined pursuant to Article 94 EPC.
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance for further prosecution.