J 0009/80 of 18.07.1980

European Case Law Identifier: ECLI:EP:BA:1980:J000980.19800718
Date of decision: 18 July 1980
Case number: J 0009/80
Online on: 18 July 1980
Petition for review of: -
Application number: -
IPC class: -
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: -
Application title: -
Applicant name: -
Opponent name: -
Board: 3.1.01
Headnote: -
Relevant legal provisions: European Patent Convention Art 91(1) 1973 European Patent Convention Art 91(2) 1973 European Patent Convention Art 91(3) 1973 European Patent Convention Art 91(5) 1973 European Patent Convention R 38(3) 1973 European Patent Convention R 41(1) 1973 European Patent Convention R 42(1) 1973 European Patent Convention R 67 1973 European Patent Convention R 84 1973
Keywords: Failure to file priority documents
Deficiency of application
Catchword: As an applicant may file certified copies of priority documents at any time before the end of the sixteenth month after the date of priority, there is only a deficiency which he must be given an invitation to correct when that period has expired.
Cited cases: -
Citing cases: -

ORDER

For these reasons,

it is decided that:

1. The decision of the Receiving Section of the European Patent Office dated 7 February 1980 is set aside.

2. The procedure before the Receiving Section is to be continued on the basis that no loss of the right of priority occurred as a result of the mere expiry of the period of sixteen months.

3. Reimbursement of the fee for restitution of rights is ordered.

4. Reimbursement of the appeal fee is ordered.