J 0003/80 (Failure to forward a European patent application) of 31.01.1980
- European Case Law Identifier
- ECLI:EP:BA:1980:J000380.19800131
- Date of decision
- 31 January 1980
- Case number
- J 0003/80
- Petition for review of
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- Application number
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- IPC class
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- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- non publié
- Opponent name
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- Board
- 3.1.01
- Headnote
I. The obligation to forward European patent applications filed nationally to the European Patent Office rests upon the relevant central industrial property office and not upon the applicant.
II. If the central industrial property office concerned fails to forward an application in time, with the result that the application is deemed to be withdrawn, the applicant cannot claim restitution of rights, since the European Patent Convention provides only for restitution of rights where there has been a failure to observe a time limit which it is for the applicant to observe.
- Relevant legal provisions
- European Patent Convention Art 122 1973European Patent Convention Art 77 1973
- Keywords
- European application/failure to forward
Application deemed to be withdrawn
Restitutio in integrum (no) - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
The appeal against the Decision of the Receiving Section of the European Patent Office dated 21 December 1979 and the claim for reimbursement of the appeal fee are rejected.