European Patent Office

J 0023/14 (Re-establishment of rights) of 15.12.2016

European Case Law Identifier
ECLI:EP:BA:2016:J002314.20161215
Date of decision
15 December 2016
Case number
J 0023/14
Petition for review of
-
Application number
09736867.4
IPC class
H02M 5/458
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
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Abstracts for this decision
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Application title
INVERTER WITH COMMUTATION CIRCUIT
Applicant name
ESAB AB
Opponent name
-
Board
3.1.01
Headnote
-
Keywords
Re-establishment of rights
point in time relevant for loss of rights in case of non-payment of renewal fee
all due care by the applicant (no)
independent cross-checking system (no)
isolated mistake within a normally satisfactory system (no)
Catchword
Notwithstanding the wording of Article 86(1) EPC 2000 and Rule
51 EPC (in the version in force until 31 December 2016), for the sake of the protection of legitimate expectations of the users of the European patent system, the Board holds that a patent application is deemed to be withdrawn only upon expiry of the six-month grace period for paying the renewal fee with additional fee under Rule 51(2) EPC, in accordance with the jurisprudence that prevailed before decision T 1402/13.
Citing cases
J 0007/16T 1201/10

Order

For these reasons it is decided that:

The appeal is dismissed.