J 0008/87 (Submitting culture deposit information) of 30.11.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:J000887.19871130
- Date of decision
- 30 November 1987
- Case number
- J 0008/87
- Petition for review of
- -
- Application number
- 85101009.0
- IPC class
- C12N 15/00
- 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
- IDAHO
- Opponent name
- -
- Board
- 3.1.01
- Headnote
As an applicant may submit the information relating to a culture deposit (Rule 28(1)(c) EPC) at any time before the end of the sixteenth month after the date of priority, there is only a deficiency, which he must be given an invitation to correct, when that period has expired (Reference to decision J 01/80, OJ EPO 1980, 289).
- Relevant legal provisions
- European Patent Convention Art 122 1973European Patent Convention Art 83 1973European Patent Convention Art 91 1973European Patent Convention R 28 1973European Patent Convention R 38(3) 1973European Patent Convention R 67 1973European Patent Convention R 9(3) 1973
- Keywords
- Culture deposit information - submitting of
Deficiency - late submitted culture deposit information
Deficiency - no opportunity given to correct - no loss of right
Reimbursement of fee for re-establishment of rights (yes)
No need to examine request for correction and take decision
Substantial procedural violation (yes) - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision of the Head of Formalities of Directorate- General 2, dated 24 September 1986 rejecting the request for re-establishment of rights into the time limit for submitting the number of the culture deposit is set aside.
2. The fee for re-establishment of rights is to be reimbursed.
3. The decision of the Head of Formalities of Directorate- General 2, dated 24 September 1986 rejecting the request for correction of a mistake under Rule 88 EPC is set aside.
4. The specification of the European patent application No. 85 101 009.0 is to be amended by adding the number of the deposited culture (No. 39 590), on page 26, at line 22 of the description.
5. Both appeal fees are to be reimbursed.