J 0014/82 (Priority declaration) of 19.01.1983
- European Case Law Identifier
- ECLI:EP:BA:1983:J001482.19830119
- Date of decision
- 19 January 1983
- Case number
- J 0014/82
- Petition for review of
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- Application number
- 81305433.5
- 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
- Johnson Matthey
- Opponent name
- -
- Board
- 3.1.01
- Headnote
I. If a mistake is made in a declaration of priority, it may be corrected in accordance with Rule 88 EPC, provided that a request has been made for correction sufficiently early for a warning to be included in the publication of the application (cf. Decision of the Legal Board of Appeal in Case J 04/82, Official Journal of the EPO 1982, 385).
II. If such a warning is not published, the question must be considered whether the public interest would be adversely affected by allowing the correction, taking into account any special circumstances of the case.
III. A Board of Appeal has no power to order refund of fees paid in respect of a European patent application which is not the subject of an appeal before that Board.
- Relevant legal provisions
- European Patent Convention Art 88(1) 1973European Patent Convention R 38(1) 1973European Patent Convention R 41(2) 1973European Patent Convention R 41(3) 1973European Patent Convention R 88 1973Paris Convention Art 004d(1)Paris Convention Art 004d(2)
- Keywords
- Priority declaration
Public interest
Procedural violation (substantial)
Reimbursement of appeal fee
Appeal fee/reimbursement of - 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 30 March 1982 is set aside.
2. It is ordered that the Request for Grant form filed on European patent application No. 81305433.5 is to be corrected by adding references to United Kingdom patent applications 8108392,8112331 and 8127289, filed respectively on 18 March 1981, 21 April 1981 and 9 September 1981, for Part VII of page 2 thereof.
3. It is ordered that the appeal fee be reimbursed to the appellants.
4. No order is made concerning the refund of any fees paid in respect of European patent application No. 82301389.1.