J 0021/84 (Late request for correction) of 29.11.1985
- European Case Law Identifier
- ECLI:EP:BA:1985:J002184.19851129
- Date of decision
- 29 November 1985
- Case number
- J 0021/84
- Petition for review of
- -
- Application number
- 83105399.6
- IPC class
- B65D 41/34
- 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
- -
- Application title
- -
- Applicant name
- Consumers Glass
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. A mistake in a designation of a Contracting State may be corrected in accordance with Rule 88 EPC only if a request has been made for correction sufficiently early for a warning to be included in the publication of the application so that third parties can rely on the application as filed (following former Decisions).
2. If the designation fee for a State was paid, neither within the time limit under Article 79(2) nor within the period of grace under Rule 85a EPC together with the surcharge, such failure cannot be corrected on the basis of and in conjunction with the correction of an error according to Rule 88 first sentence EPC.
- Relevant legal provisions
- European Patent Convention R 88 1973
- Keywords
- Request for correction (late)
Correction of mistakes - non payment of designation fee
Protection of third parties - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
The Appeal against the Decision of the Receiving Section of the European Patent Office dated 27 June 1984 is rejected.