J 0003/82 (Correction/Priority) of 16.02.1983
- European Case Law Identifier
- ECLI:EP:BA:1983:J000382.19830216
- Date of decision
- 16 February 1983
- Case number
- J 0003/82
- Petition for review of
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- Application number
- 81304096.1
- 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
- Taisho
- Opponent name
- -
- Board
- 3.1.01
- Headnote
If, by mistake, a claim to priority is omitted from a Request for Grant form, and the effect of allowing correction of the mistake would be to make the date for publication of the application, prescribed by Article 93(1) EPC earlier, then the request for correction of the mistake must be received by the EPO in sufficient time for the application to be published on the appropriate date, including the necessary warning to the public that the request for correction has been made.
- Relevant legal provisions
- European Patent Convention Art 93(1) 1973European Patent Convention R 88 1973
- Keywords
- Correction/priority
Priority declaration - 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 24 March 1982 is set aside.
2. It is ordered that the Request for Grant form filed on European Patent Application No. 81304096.1 be corrected by adding a reference to Japanese patent application No. 134814/80, filed on 27 September 1980, in Part VII on page 2 thereof.