J 0017/12 of 13.11.2013
- European Case Law Identifier
- ECLI:EP:BA:2013:J001712.20131113
- Date of decision
- 13 November 2013
- Case number
- J 0017/12
- Petition for review of
- -
- Application number
- 03781836.6
- IPC class
- A61K 38/11A61P 13/00
- 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
- PHARMACEUTICAL COMPOSITIONS INCLUDING LOW DOSAGES OF DESMOPRESSIN
- Applicant name
- Allergan, Inc.
Third party:
Ferring BV - Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112(1)European Patent Convention Art 61(1)European Patent Convention Art 71European Patent Convention Art 74European Patent Convention R 14(1)European Patent Convention R 14(3)European Patent Convention R 21(1)European Patent Convention R 21(2)Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Reversal of entry of applicant in register (yes)
Continuation of appeal proceedings with wrong parties (no)
Referral to the Enlarged Board of Appeal - (no) - Catchword
- The transfer of a European patent application may not be recorded in the European Patent Register at a time when proceedings for the grant of the application are stayed under Rule 14(1) EPC.
Order
For these reasons it is decided that:
For the above reasons it is decided that:
1. The decision under appeal (cf. point 4 of the decision dated 25 May 2012) is set aside.
2. The registration of Allergan as applicant is ordered to be reversed.
3. The appeal of Allergan is dismissed.
4. Allergan's requests to refer three questions to the Enlarged Board of Appeal are refused.