J 0012/83 (Inadmissible appeal) of 09.11.1984
- European Case Law Identifier
- ECLI:EP:BA:1984:J001283.19841109
- Date of decision
- 9 November 1984
- Case number
- J 0012/83
- Petition for review of
- -
- Application number
- 81104560.8
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
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- Application title
- -
- Applicant name
- Chugai Seiyaku
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. An applicant for a European patent may be "adversely affected" within the meaning of Article 107 EPC by a decision to grant the patent, if it is granted with a text not approved by the applicant in accordance with Article 97(2)(a) and Rule 51(4) EPC.
2. For a European patent to be granted, no positive approval of the text by the applicant is required. For examination to be resumed in accordance with the last sentence of Rule 51(4) EPC, disapproval must actually be communicated.
- Relevant legal provisions
- European Patent Convention Art 107 1973European Patent Convention Art 167(2) 1973European Patent Convention Art 97(2)(a) 1973European Patent Convention R 51(4) 1973
- Keywords
- Inadmissible appeal
Appeal/inadmissible
Party adversely affected - Catchword
- -
- Cited cases
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ORDER
For these reasons, it is decided that:
The appeal against the decision dated 29 September 1983 is rejected as inadmissible.