J 0012/94 (Principle of good faith) of 16.02.1996
- European Case Law Identifier
- ECLI:EP:BA:1996:J001294.19960216
- Date of decision
- 16 February 1996
- Case number
- J 0012/94
- Petition for review of
- -
- Application number
- 92913068.0
- IPC class
- C04B 18/10
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Concrete
- Applicant name
- British Gas PLC
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 122(5) 1973European Patent Convention R 85a(1) 1973
- Keywords
- Principle of good faith
Extent of obligation to warn applicant of any impending loss of rights
Readily identifiable deficiencies - Catchword
- The principle of good faith governs relations between the EPO and applicants; thus it is incumbent on both parties to act in good faith. Whereas the EPO may be obliged, on the basis of the principle of good faith, to give information on a specific query, a party may not expect a warning in respect of any deficiency occurring in the course of the proceedings, if it could not legitimately expect a reply from the EPO.
ORDER
For these reasons it is decided that:
The appeal is dismissed.