J 0001/12 (Assignment of a filing date and a priority date from an earlier application filed under Art. 75(1)(b) EPC 1973 and deemed withdrawn under Art. 77(5) EPC) of 23.10.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:J000112.20131023
- Date of decision
- 23 October 2013
- Case number
- J 0001/12
- Petition for review of
- -
- Application number
- 04252760.6
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Method for fabricating a composite material control surface for an aircraft.
- Applicant name
- Fuji Jukogyo Kabushiki Kaisha
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 77(5) 1973
- Keywords
- Assignment of lost filing date and lost priority claim to new application (no)
Protection of legitimate expectations (no) - Catchword
- T
he deemed withdrawal in Article 77(5) EPC 1973 is irreversible. The negative consequences for the applicant shall be equated by other means, in particular by refund options and the possibility to convert the European patent application into national applications
. The
assignment to a later application of a filing date belonging to an application deemed withdrawn under Article 77(5) EPC 1973 would circumvent this legislative will - Citing cases
- -
Order
For these reasons it is decided that:
The appeal is dismissed.