J 0001/91 (Entitlement to patent) of 31.03.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:J000191.19920331
- Date of decision
- 31 March 1992
- Case number
- J 0001/91
- Petition for review of
- -
- Application number
- 90304744.7
- IPC class
- A62B 35/04
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- Other decisions for this case
- J 0001/91 Unlawful applicant 1994-08-25
- Abstracts for this decision
- -
- Application title
- Bypassing double action rope grip
- Applicant name
- Latchways
- Opponent name
- -
- Board
- 3.1.01
- Headnote
The following question is referred to the Enlarged Board of Appeal:
Where it has been adjudged by a final decision of a national court that a person other than the applicant is entitled to the grant of a European patent, and that person, in compliance with the specific requirements of Article 61(1) EPC, files a new European patent application in respect of the same invention under Article 61(1)(b) EPC, is it a pre-condition for the application to be accepted that the original usurping application still be pending before the EPO at the time the new application is filed?
- Relevant legal provisions
- European Patent Convention Art 112(1)(a) 1973European Patent Convention Art 125 1973European Patent Convention Art 164 1973European Patent Convention Art 60 1973European Patent Convention Art 61 1973European Patent Convention R 13 1973European Patent Convention R 14 1973European Patent Convention R 15 1973European Patent Convention R 16 1973
- Keywords
- Final decision of Contracting State
Party other than applicant entitled to patent
Withdrawal of original application
Pendency of original application
Entitlement to patent
Filing of new patent application
Referral to Enlarged Board - Catchword
- -
- Cited cases
- -
- Citing cases
- -
ORDER
For these reasons it is decided that:
The following question concerning an important point of law is hereby referred to the Enlarged Board of Appeal:
Where it has been adjudged by a final decision of a national court that a person other than the applicant is entitled to the grant of a European patent, and that person, in compliance with the specific requirements of Article 61(1) EPC, files a new European patent application in respect of the same invention under Article 61(1)(b) EPC, is it a pre-condition for the application to be accepted that the original usurping application still be pending before the EPO at the time the new application is filed?