J 0001/10 (Designation of inventor/KOVAC) of 30.07.2010
- European Case Law Identifier
- ECLI:EP:BA:2010:J000110.20100730
- Date of decision
- 30 July 2010
- Case number
- J 0001/10
- Petition for review of
- -
- Application number
- 08106006.3
- IPC class
- B22D 7/12
- 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
- Continuous cast method
- Applicant name
- Kovác, Peter
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 113(1)European Patent Convention Art 81European Patent Convention Art 90(3)European Patent Convention Art 90(4)European Patent Convention Art 90(5)European Patent Convention Art 93(1)(a)European Patent Convention Art 93(1)(b)European Patent Convention R 103(1)(a)European Patent Convention R 19(1)European Patent Convention R 20(1)European Patent Convention R 60(1)
- Keywords
- Designation of inventor - 16-month period - reduced by earlier publication of the application (no)
Right to be heard - substantial procedural violation (yes) - Catchword
- An applicant's request under Article 93(1)(b) EPC to publish the application as soon as possible does not affect the time period foreseen in Rule 60(1) EPC for filing the designation of the inventor.
- Citing cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The designation of the inventor filed on 2 December 2009 was filed within the 16-month period under Rule 60(1), first sentence EPC.
3. The fee for further processing and the appeal fee are to be reimbursed.