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)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- INVERTER WITH COMMUTATION CIRCUIT
- Applicant name
- ESAB AB
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 122European Patent Convention Art 86European Patent Convention R 112European Patent Convention R 136European Patent Convention R 51
- 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expectations of the users of the European patent system, the Board holds that a patent application is deemed to be withdrawn only upon expiry of the six-month grace period for paying the renewal fee with additional fee under Rule 51(2) EPC, in accordance with the jurisprudence that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.
Order
For these reasons it is decided that:
The appeal is dismissed.