European Patent Office

J 0006/90 (One-year period) of 22.10.1992

European Case Law Identifier
ECLI:EP:BA:1992:J000690.19921022
Date of decision
22 October 1992
Case number
J 0006/90
Petition for review of
-
Application number
84903728.8
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
Other decisions for this case
-
Abstracts for this decision
-
Application title
-
Applicant name
Baxter
Opponent name
-
Board
3.1.01
Headnote

To make a valid request for re-establishment of rights within the year immediately following the expiry of the unobserved time limit, it is sufficient if the files contain a clearly documented statement of intent from which any third party may infer that the applicant is endeavouring to maintain the patent application.

Relevant legal provisions
EPC1973_Art_122(2)_Sent_3
Keywords
Restitutio - time limit for filing application - one year
Catchword
-
Cited cases
-

ORDER

For these reasons, it is decided that:

The contested decision is set aside and the case remitted to the department of first instance.