J 0014/21 of 13.04.2022
- European Case Law Identifier
- ECLI:EP:BA:2022:J001421.20220413
- Date of decision
- 13 April 2022
- Case number
- J 0014/21
- Petition for review of
- -
- Application number
- 19749424.8
- IPC class
- A61B 5/00G06F 3/01A61M 21/00
- 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
- METHOD OF DEVELOPMENT OF CONCENTRATIONS AND DEVICE PRK-1U FOR ITS IMPLEMENTATION
- Applicant name
- Grabovoi, Grigorii Petrovich
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 122European Patent Convention R 112European Patent Convention R 126(2)European Patent Convention R 134(1)European Patent Convention R 135(1)European Patent Convention R 136(1)European Patent Convention R 159(1)European Patent Convention R 160(1)European Patent Convention R 160(2)Patent Cooperation Treaty Art 11(1)Patent Cooperation Treaty Art 11(3)Patent Cooperation Treaty Art 2(xvii)Patent Cooperation Treaty Art 22Patent Cooperation Treaty Art 22(1)and (3)Patent Cooperation Treaty Art 39(1)Patent Cooperation Treaty Art 53(1)Patent Cooperation Treaty Art 58(2)PCT_R. 2(4)(a)PCT_R. 26a(3)(a)PCT_R. 26a(3)(a)(ii)PCT_R. 49(6)PCT_R. 49b(2)PCT_R. 49b(2)(a)PCT_R. 49b(2)(b)(i) and (iii)PCT_R. 49b(2)(d)PCT_R. 76(5)(ii)PCT_R. 80(5)PCT_R. 94Rules of procedure of the Boards of Appeal Art 12(2)Rules of procedure of the Boards of Appeal Art 15(8)Vienna Convention on the Law of Treaties (1969) Art 31(1)Vienna Convention on the Law of Treaties (1969) Art 31(2)(a)Vienna Convention on the Law of Treaties (1969) Art 31(3)(a) and (b)Vienna Convention on the Law of Treaties (1969) Art 32
- Keywords
- International (PCT) application - restoration of the right of priority - admissibility
Request for further processing
Failure to observe time limits for restoration of the right of priority and for entering in the European phase
"Understandings relating to certain provisions" adopted by PCT Assembly as legislator
Authentic interpretation of PCT Rules by PCT Assembly
Time limit ending on Easter Monday
Primary object of appeal proceedings to review decision
"Eventualmaxime"
Factual basis of impugned decision on restoration of the right of priority may not be changed in appeal proceedings
Re-establishment of rights - (no)
Re-establishment of rights - all due care (no)
Re-establishment of rights - due care on the part of the professional representative
Professional representative's failure to clarify client's instructions
No substitution during absence of professional representative - Catchword
- The PCT Assembly may be considered the legislator for the PCT Regulations. See reasons 16.
"Understandings" of the PCT Assembly expressed in relation to a newly amended rule together with the adoption of this rule are an expression of the legislator's intention. See reasons 17 and 18.
The delegates of the PCT Contracting States in the PCT Assembly agreed, in the "understandings" related to R. 49ter.2(b)(i) PCT, on how this rule should be applied. As an act of authentic interpretation by the legislator this agreement may be taken into account when assessing the context for
the purpose of interpreting the new provision
. See reasons
19.
In the case in hand, when applying R. 49ter.2(b)(i) PCT in the light of the understandings of the PCT Assembly, the request and the payment for restoration of the right of priority were made in time. See reasons 23.
Order
For these reasons it is decided that:
The appeal is dismissed.