European Patent Office

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
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Application number
85101009.0
IPC class
C12N 15/00
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
Other decisions for this case
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Abstracts for this decision
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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).

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.