J 0026/87 (PCT Form) of 25.03.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:J002687.19880325
- Date of decision
- 25 March 1988
- Case number
- J 0026/87
- Petition for review of
- -
- Application number
- 85902938.1
- IPC class
- G11B 23/28
- 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
- McWhirter Holdings
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. If, on the proper interpretation of the request for grant of an international application, an applicant has designated a Contracting State to the EPC for which the PCT is in force, the EPO is bound by the provisions of Article 153 EPC to act as the designated Office for that Contracting State, even if the international application has been published by the International Bureau without mentioning that Contracting State as a designated State.
2. If, on the proper interpretation of the request for grant of an international application as decided by the EPO, a Contracting State to the EPC has been designated, there is no "mistake" in that document, and Rule 88 EPC is inapplicable, even if the receiving Office and/or the International Bureau have interpreted the document in a contrary manner.
- Relevant legal provisions
- European Patent Convention Art 106 1973European Patent Convention Art 153 1973European Patent Convention R 68(2) 1973European Patent Convention R 88 1973
- Keywords
- PCT application - intention to designate Italy and other EPC States
Application published by International Bureau without designation of Italy - application should be properly interpreted as having designated Italy
EPO bound by proper interpretation of application - Catchword
- -
- Cited cases
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ORDER
For these reasons it is decided that:
1. The contested Decision of the Receiving Section dated 24 April 1987 is set aside.
2. Euro-PCT application No. 85 902 938.1 (PCT/AU 85/00130) includes Italy as a designated European State.
3. The fee for re-establishment of rights is to be refunded to the Appellant.