J 0010/93 (Transfer) of 14.06.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:J001093.19960614
- Date of decision
- 14 June 1996
- Case number
- J 0010/93
- Petition for review of
- -
- Application number
- 87201334.7
- IPC class
- B65D 1/32
- 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
- Improved collapsible hollow articles and dispensing configurations
- Applicant name
- Touzani, William
- Opponent name
- COLLAPSIBLE BOTTLE OF AMERICA
- Board
- 3.1.01
- Headnote
A transfer can be recorded in the Register of European Patents even after deemed withdrawal of a patent application, if it is still possible that restitutio is available and the successor in title has taken, together with his request for registering the transfer, procedural steps suitable for restoring the application.
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 122 1973European Patent Convention Art 20(1) 1973European Patent Convention Art 60(3) 1973European Patent Convention Art 71 1973European Patent Convention Art 72 1973European Patent Convention R 20 1973European Patent Convention R 67 1973European Patent Convention R 69(2) 1973
- Keywords
- Registering a transfer after deemed withdrawal of the patent application
Possible if requested together with an application for restitutio in integrum - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Legal Division with the order:
- to record the transfer of the European patent application No. 87 201 334.7 to Collapsible Bottle of America in the Register of European Patents, and
- to transmit the file to the Examining Division for the examination of the application for restitutio in integrum.
3. Reimbursement of the appeal fee is ordered.