J 0025/03 (Withdrawal of application/MITSUI CHEMICALS) of 27.04.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:J002503.20050427
- Date of decision
- 27 April 2005
- Case number
- J 0025/03
- Petition for review of
- -
- Application number
- 96933616.3
- IPC class
- C08F 4/658
- 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
- Solid titanium catalyst component and utilization thereof in olefin polymerization catalyst
- Applicant name
- MITSUI CHEMICALS, INC.
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. An entry of a withdrawal of a patent application in the Register of European Patents amounts to its notification to the public as well as a publication in the European Patent Bulletin (cf. point 9 of the Reasons, at the end).
2. A request for retraction of a letter of withdrawal of a patent application is no longer possible if the withdrawal has been mentioned in the European Register of Patents at the time its retraction is applied for if, in the circumstances of the case, even after a file inspection there would not have been any reason for a third party to suspect, at the time of the official notification to the public, that the withdrawal could be erroneous and later retracted (cf. points 10 and 11 of the Reasons).
- Relevant legal provisions
- European Patent Convention Art 127 1973European Patent Convention Art 129 1973European Patent Convention R 88 1973European Patent Convention R 92 1973
- Keywords
- Correction (retraction) of withdrawal of an application (no)- Mention of withdrawal in the Register of European Patents
- Catchword
- -
ORDER
For these reasons it is decided that:
The appeal is dismissed.