J 0008/01 (Correction/JOHNSON & JOHNSON) of 06.06.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:J000801.20020606
- Date of decision
- 6 June 2002
- Case number
- J 0008/01
- Petition for review of
- -
- Application number
- 98967133.4
- IPC class
- A61K 7/48
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Serine protease and topical retinoid compositions
- Applicant name
- Johnson & Johnson Consumer Companies, Inc.
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. The jurisdiction of a (purported) designated Office according to Article 26 PCT covers the issue of whether an omitted designation can be validly added or not.
2. Publication of a correction concerning designations should address the same public as the publication of the wrong data to safeguard the interest of the public.
- Relevant legal provisions
- European Patent Convention Art 150(3) 1973European Patent Convention Art 153(1) 1973European Patent Convention Art 158 1973European Patent Convention R 88 1973Patent Cooperation Treaty Art 11(3)Patent Cooperation Treaty Art 2(xiii)Patent Cooperation Treaty Art 24(2)Patent Cooperation Treaty Art 26Patent Cooperation Treaty Art 4(1)Patent Cooperation Treaty Art 48(2)Patent Cooperation Treaty R 4(9)Patent Cooperation Treaty R 91(1)
- Keywords
- International patent application - correction under Rule 88 EPC
Jurisdiction of the EPO as a (purported) designated office to decide on a request for correction
Balancing rights of third parties with those of the applicant - Catchword
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.