J 0014/94 (Principle of good faith) of 15.12.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:J001494.19941215
- Date of decision
- 15 December 1994
- Case number
- J 0014/94
- Petition for review of
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- Application number
- 86303055.7
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- Wall construction device
- Applicant name
- The Expanded Metal Company
- Opponent name
- -
- Board
- 3.1.01
- Headnote
I. If, during a long period of time, the EPO by its conduct leads the parties and the public to the legitimate belief that no loss of rights has taken place, the EPO cannot later refer to a loss of rights which occurred several years previously without offending against the prohibition of "venire contra factum proprium" and therefore contravening the principle of good faith.
II. In such circumstances, the late payment of a renewal fee may - by way of exception - be considered as having been made in time, if the EPO had not informed the applicant of the outstanding payment, had accepted later renewal fees without objection and had continued the examination proceedings for several years (here: until notification of the communication pursuant to Rule 51(6) EPC).
- Relevant legal provisions
- European Patent Convention Art 86(3) 1973European Patent Convention R 67 1973European Patent Convention R 69(1) 1973
- Keywords
- Loss of rights
Belated communication pursuant to Rule 69(1) EPC
Continuation of examination procedure after loss of rights
Principle of good faith
Venire contra factum proprium - Catchword
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ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to grant the patent on the basis of the approved text.