J 0007/87 (Abandonment) of 28.10.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:J000787.19871028
- Date of decision
- 28 October 1987
- Case number
- J 0007/87
- Petition for review of
- -
- Application number
- 83103133.1
- IPC class
- C07J 51/00
- 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
- Schwarz Italia
- Opponent name
- -
- Board
- 3.1.01
- Headnote
Effective withdrawal of a European patent application does not depend on whether the applicant has used the term "withdrawal". The language used must be interpreted having regard to the surrounding circumstances from which it must be clear that the applicant really wants immediate and unconditional withdrawal rather than passive abandonment leading in the course of time to deemed withdrawal.
- Relevant legal provisions
- European Patent Convention R 67 1973
- Keywords
- Withdrawal of patent application (no) - passive abandonment (yes)
Interpretation of written statement - need for clarification
Failure to seek clarification
Substantial procedural violation (yes) - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is ordered that:
1. The Decision of the Head of the Formalities Section of Directorate General 2 dated 14 October 1986 is set aside.
2. It is declared that European patent application No. 83 103 133.1 (publication No. 0 092 073) has never been withdrawn.
3. The fee for appeal is to be reimbursed.