J 0024/03 (Time limit definition/N.N.) of 17.02.2004
- European Case Law Identifier
- ECLI:EP:BA:2004:J002403.20040217
- Date of decision
- 17 February 2004
- Case number
- J 0024/03
- Petition for review of
- -
- Application number
- -
- IPC class
- -
- 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
- -
- Application title
- Image processing apparatus
- Applicant name
- -
- Opponent name
- -
- Board
- 3.1.01
- Headnote
I. A time limit within the meaning of Article 122(1) EPC involves a period of a legally indicated length fixed for carrying out a particular procedural act.
II. In procedural law, the fact that a conditional act can only be accomplished before a particular set of circumstances foreseen by a legal provision occurs (condition), is conceptually different from a set period of time imposed for doing an act (time limit) because in the first case the duration of the period in which the act should be completed is determined by the occurrence of the condition itself, whereas in the second case it is pre-determined from the outset.
III. Rule 25(1) EPC does not impose any time limit for filing a divisional application but rather sets a condition namely that the earlier European patent application is pending. Therefore, no time limit within the meaning of Article 122 EPC is imposed by this rule.
- Relevant legal provisions
- European Patent Convention Art 122(1) 1973European Patent Convention R 25(1) 1973
- Keywords
- Re-establishment of rights - concept of time limit
- Catchword
- -
- Cited cases
- J 0003/83
ORDER
For these reasons it is decided that:
The appeal is dismissed.