J 0008/80 (Correction of mistakes) of 18.07.1980
- European Case Law Identifier
- ECLI:EP:BA:1980:J000880.19800718
- Date of decision
- 18 July 1980
- Case number
- J 0008/80
- Petition for review of
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- Application number
- 79302097.5
- IPC class
- -
- 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
- Rib Loc Hong Kong
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. Rule 88, EPC does not exclude the correction of a mistake in designating States in a European patent application, even if the mistake is not obvious.
2. In cases where the making of the alleged mistake is not self-evident and in cases where it is not immediately evident that nothing else would have been intended than what is offered as the correction, the burden on the person requesting correction of proving the facts must be a heavy one.
- Relevant legal provisions
- European Patent Convention R 88 1973
- Keywords
- Correction of mistakes/designated states
Designated states/correction of mistakes - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
(1) The Decision of the Receiving Section of the European Patent Office dated 28 December 1979 is set aside.
(2) It is ordered that the request for grant form filed on European patent application No. 79302097.5 is to be corrected by the addition thereto of the designation of the Federal Republic of Germany.