J 0015/86 (Withdrawal of patent application) of 09.10.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:J001586.19871009
- Date of decision
- 9 October 1987
- Case number
- J 0015/86
- Petition for review of
- -
- Application number
- 82109493.5
- IPC class
- C07C 123/00A61K 31/155
- 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
- A novel vasodilator compound, process for the preparation thereof and pharmaceutical compositions therefrom
- Applicant name
- Ausonia
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. In practice, in the operation of the European patent system there is a recognised difference between passive abandonment and active withdrawal of a European patent application. Each case in which there is a dispute as to the applicant's intention has to be considered on its own facts.
2. A written statement of the applicant or his representative must be interpreted in the context of the document as a whole and of the surrounding circumstances.
3. It is too late to ask for retraction of a letter of withdrawal once the withdrawal has been notified to the public in the European Patent Bulletin. (Legal Advice No. 8/80, OJ EPO 1986,6, point 2 referred to).
4. Principles of procedural law generally recognized in the Contracting States, within the meaning of Article 125 EPC, do not include specific rules of substantive law of any Contracting State.
- Relevant legal provisions
- European Patent Convention Art 125 1973
- Keywords
- Withdrawal of patent application (yes) - abandonment (no)
Interpretation of written statement
Retraction of withdrawal of patent application too late
General principles of procedural law
Procedural law - general principles
Substantive law - specific rules - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that
the appeal against the decision of the head of the Formalities Section, dated 28 November 1985, is dismissed.