J 0010/20 of 22.01.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:J001020.20210122
- Date of decision
- 22 January 2021
- Case number
- J 0010/20
- Petition for review of
- -
- Application number
- 16874169.2
- 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
- INDUSTRIAL METHOD FOR RECOVERING PHOSPHOLIPIDS AND PRODUCING LECITHIN FROM A RESIDUE FROM THE PRODUCTION OF SOY PROTEIN CONCENTRATE (SPC)
- Applicant name
- Fernandes De Siqueira Machado, Paula
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108 (2007)European Patent Convention Art 122(1) (2007)European Patent Convention R 134(2) (2007)European Patent Convention R 134(4) (2007)European Patent Convention R 136(1) (2007)European Patent Convention R 136(3) (2007)RFees_Art. 7(3)
- Keywords
- Extension of periods - COVID-19 pandemic - Notice from the EPO
Protection of legitimate expectations (yes)
Statement of grounds of appeal filed within time limit (yes)
Date on which payment is made - payment through bank outside of a Contracting State
Request for further processing within time limit (no)
Request for re-establishment of rights within time limit (no) - Catchword
- If the European Patent Office issues a promise or statement on how to act in a given area, the principle of legitimate expectations requires that promise or statement to be honoured unless there is good reason not to do so. Users and representatives cannot be expected to question, without any apparent reason, statements on the extension of time limits which are made in publications under Rule 134(4) EPC. Even in the absence of a general dislocation in the delivery or transmission of mail, they can rely on such publications without suffering any disadvantages (points 1.12.-1.20 of the Reasons).
Order
For these reasons it is decided that:
The appeal is dismissed.