J 0007/80 (Correction of mistakes; Languages) of 11.03.1981
- European Case Law Identifier
- ECLI:EP:BA:1981:J000780.19810311
- Date of decision
- 11 March 1981
- Case number
- J 0007/80
- 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
- No distribution (D)
- Download
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- 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
- SKF
- Opponent name
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- Board
- 3.1.01
- Headnote
I. If the wrong applicant is named in an application and the wrong applicant and the correct applicant are both companies forming part of the same group of companies then the mistake may be corrected under Rule 88 EPC, if there is sufficient evidence to support the request for correction.
II. Where documents making up an application are partly in an official language of the European Patent Office and partly in another language which is an official language of a Contracting State, then, for the purposes of deciding whether the application complies with Article 14(1) or (2) EPC, in accordance with Article 80(d) EPC, the significant language is that used for the description and claims. Other documents making up the application should normally be corrected by translation into that language.
- Relevant legal provisions
- European Patent Convention Art 14(1) 1973European Patent Convention Art 14(2) 1973European Patent Convention Art 80(d) 1973European Patent Convention R 88 1973
- Keywords
- Correction
Languages - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The request for correction of the application form in accordance with Rule 88 EPC is granted and it is ordered that the amended copy of the form submitted by the appellant under cover of the letter dated 11 September 1980 shall be added to the file and treated as if it had been the original.
2. The appeal against the Decision of the Receiving Section dated 27 November 1979 is allowed and that Decision is set aside.