J 0011/20 of 25.07.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:J001120.20240725
- Date of decision
- 25 July 2024
- Case number
- J 0011/20
- Petition for review of
- -
- Application number
- 18208783.3
- 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
- Abstract on EPC2000 Art 016Abstract on EPC2000 Art 113(1)
- Application title
- MAGNET-THERMOCOUPLE SYSTEM FOR THE POSITIVE SAFETY SUPPLY OF GAS TO BURNERS OR THE LIKE
- Applicant name
- Castfutura S.p.A.
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108European Patent Convention Art 109European Patent Convention Art 113(1)European Patent Convention Art 122European Patent Convention Art 123(2)European Patent Convention Art 16European Patent Convention Art 90(5)European Patent Convention R 103(1)(a)European Patent Convention R 126European Patent Convention R 139European Patent Convention R 46European Patent Convention R 49European Patent Convention R 50European Patent Convention R 57European Patent Convention R 58Rules of procedure of the Boards of Appeal Art 12(8)
- Keywords
- Formal requirements of the patent application documents
Competence of the Receiving Section
Refusal of the application
Interlocutory revision - department of first instance should have rectified decision (yes)
Reimbursement of appeal fee - equitable by reason of a substantial procedural violation
Re-establishment of rights - reimbursement of fee for re-establishment (yes) - Catchword
- 1. In the context of the examination as to formal requirements of the European patent application, the Receiving Section is competent under Rule 58 EPC to identify inconsistencies in the application documents which are immediately apparent from the face of the documents, including whether formal discrepancies are present between amended documents and the documents as originally filed, provided no technical knowledge is required.
2. If a patent application is refused under Article 90(5) EPC, the deficiency on which the decision is based can be remedied at the appeal stage. In such a case the decision refusing the patent application must be rectified pursuant to Article 109 EPC. - Cited cases
- G 0003/89G 0011/91J 0007/83J 0004/85J 0033/89J 0007/97J 0018/08J 0004/09J 0002/12J 0005/12J 0008/13J 0011/15J 0001/18J 0010/20T 0012/03
- 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 for further prosecution.
3. The appeal fee and the fees for the request for re-establishment of rights are reimbursed.