J 0011/92 (Priority declaration (correction)) of 12.01.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:J001192.19940112
- Date of decision
- 12 January 1994
- Case number
- J 0011/92
- Petition for review of
- -
- Application number
- 90309493.6
- IPC class
- C07D 501/36
- 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
- Cephalosporin compounds, process for their preparation, pharmaceutical compositions and intermediates
- Applicant name
- Becham
- Opponent name
- -
- Board
- 3.1.01
- Headnote
An incomplete priority declaration may be corrected, by the addition of an omitted priority in special circumstances, even after publication of the European patent application without a warning to the public that a request for correction has been made, provided that the public has been informed about the full scope of European patent protection sought, by way of a second European or Euro-PCT patent application, filed as a precautionary measure by the applicant in due time (continuation of the case law of the Legal Board of Appeal as summarised in case J 6/91, OJ EPO 1994,349).
- Relevant legal provisions
- EPC1973_R_088_Sent_1European Patent Convention Art 88(1) 1973European Patent Convention R 38(1) 1973European Patent Convention R 38(3) 1973
- Keywords
- Correction of errors / omissions
Priority declaration
Correction after publication
Public interest - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision of the Receiving Section dated 22 January 1992 is set aside.
2. It is ordered that the Request for Grant form filed with respect to European patent application No. 90 309 493.6 on 30 August 1990 be corrected by adding the priority data concerning UK patent application No. GB-A- 9 006 728.1 filed on 26 March 1990, on page 2 thereof.