J 0008/15 (Re-establishment of rights) of 12.10.2016

European Case Law Identifier: ECLI:EP:BA:2016:J000815.20161012
Date of decision: 12 October 2016
Case number: J 0008/15
Petition for review of: -
Application number: 10729365.6
IPC class: B22F 3/11 B22F 3/16 B22F 3/17 B22F 3/12 B22F 3/15 C22C 33/02
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 THE MANUFACTURE OF A METAL PART
Applicant name: Metec Powder Metal AB
Opponent name: -
Board: 3.1.01
Headnote: -
Relevant legal provisions: European Patent Convention Art 122 European Patent Convention R 112 European Patent Convention R 136 European Patent Convention R 51
Keywords: Re-establishment of rights - payment of renewal fee
Re-establishment of rights - all due care by the applicant (yes)
Re-establishment of rights - isolated mistake within a normally satisfactory monitoring system
Catchword: -
Cited cases: J 0031/90 J 0032/90 J 0016/93 T 0309/88 T 0030/90 T 0529/09 T 1289/10 T 2017/12
Citing cases: T 1201/10

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The request for re-establishment of rights into the time limit for paying the renewal fee for the fifth year and the additional fee is granted.

3. The case is remitted to the department of first instance for further prosecution.