T 0295/01 (Formalities officer duties/GLAXO) of 07.09.2001
- European Case Law Identifier
- ECLI:EP:BA:2001:T029501.20010907
- Date of decision
- 7 September 2001
- Case number
- T 0295/01
- Petition for review of
- -
- Application number
- 94907826.5
- IPC class
- C12Q 1/68
- 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
- Methods and diagnostic kits utilizing mammalian stress promoters to determine toxicity of a compound
- Applicant name
- PRESIDENT AND FELLOWS OF HARVARD COLLEGE
- Opponent name
- GLAXO GROUP LIMITED
- Board
- 3.3.04
- Headnote
Since the provision of point 6 of the Notice of the Vice-President of Directorate-General 2 of the EPO concerning "the entrustment to formalities officers of certain duties normally the responsibility of the Opposition Division of the EPO", dated 28 April 1999 (OJ EPO 1999, 506), conflicts with provisions of a higher level, ie Rules 9(3) and 56(1) EPC, the latter prevail in analogy with the provision of Article 164(2) EPC. Therefore the competence to decide on the inadmissibility of the notice of opposition lies with the opposition division and cannot be entrusted to a formalities officer.
- Relevant legal provisions
- European Patent Convention Art 164(2) 1973European Patent Convention Art 99(1) 1973European Patent Convention R 56(1) 1973European Patent Convention R 9(3) 1973Rules of procedure of the Boards of Appeal Art 10
- Keywords
- Opposition procedure
Admissibility of opposition
Competence to decide
Formalities officer - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside as null.
2. The case is remitted to the opposition division.