J 0006/13 (Retraction of withdrawal (no)/NOVELIX PHARMACEUTICALS) of 23.07.2013

European Case Law Identifier: ECLI:EP:BA:2013:J000613.20130723
Date of decision: 23 July 2013
Case number: J 0006/13
Petition for review of: -
Application number: 09729936.6
IPC class: A61K 31/505
Language of proceedings: English
Distribution: No distribution (D)
Download: Decision in English
OJ versions: No OJ links found
Other decisions for this case: -
Abstracts for this decision: -
Application title: Novel (pyrroloquinoxalinyl) pyrazinecarbohydrazide-oxalic acid co-crystal for treatment of cancer and other diseases
Applicant name: Novelix Pharmaceuticals, Inc.
Opponent name: -
Board: 3.1.01
Headnote: -
Relevant legal provisions: European Patent Convention Art 127 European Patent Convention R 139
Keywords: Withdrawal
File inspection
Register
Legal certainty
Catchword: In the interest of legal certainty for third parties, and taking into account the public function of the register, a third party upon file inspection must have had good reason to suspect that the withdrawal was made in error in order to allow a retraction thereof.
Cited cases: J 0012/03 J 0019/03 J 0025/03 J 0018/10
Citing cases: J 0002/15 J 0008/19 J 0003/22 T 1882/19 T 0433/21

ORDER

For these reasons, it is decided that:

The appeal is dismissed.