J 0016/14 (Transfer and reversal of transfer of entries in the European Patent Register, requirements in respect of evidence of succession in title, stay of grant and opposition proceedings, payment of appeal fee where several applications and patents are affected, referral to the Enlarged Board of Appeal (no)) of 15.06.2015
- European Case Law Identifier
- ECLI:EP:BA:2015:J001614.20150615
- Date of decision
- 15 June 2015
- Case number
- J 0016/14
- Petition for review of
- -
- Application number
- 06013136.4
- IPC class
- G06F 17/50
- 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
- Method for planning sheet pile wall section
- Applicant name
- PilePro LLC
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108European Patent Convention Art 60(1)European Patent Convention Art 60(3)European Patent Convention Art 61European Patent Convention R 14European Patent Convention R 22European Patent Convention R 78European Patent Convention R 85European Patent Convention R 99
- Keywords
- Transfer and reversal of transfer of entries in the European
Patent Register, stay of proceedings - Catchword
- When a title to a European patent or patent application has been transferred and the European Patent Register has been amended to reflect this, it is not justified, if doubt later arises as to sufficient proof of succession in title,to undo the registration of the transfer. Nevertheless a request,(by the party having been registered before), for staying the grant and/or the opposition proceedings could be taken into consideration
- Citing cases
- -
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the department of first instance with the order to enter the appellant in the European Patent Register as proprietor of European patent application No. 06 013 136.4.
3. The grant procedure for European patent application No. 06 013 136.4 is to be stayed until the decision of the 3rd Division of the Cantonal Court of Zug, in the case with the file number A3 2010 106, has become final.