T 0781/04 (Online filed appeal/FORD GLOBAL TECHNOLOGIES) of 30.11.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T078104.20051130
- Date of decision
- 30 November 2005
- Case number
- T 0781/04
- Petition for review of
- -
- Application number
- 00300249.0
- IPC class
- G01S 5/14
- 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
- T 0781/04 On-board GPS sensor systems/FORD 2006-09-05
- Abstracts for this decision
- -
- Application title
- On-board GPS sensor systems
- Applicant name
- Ford Global Technologies, Inc.
- Opponent name
- -
- Board
- 3.5.03
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 10(2) 1973European Patent Convention Art 108 1973European Patent Convention Art 164(2) 1973European Patent Convention R 24(1) 1973European Patent Convention R 36(5) 1973European Patent Convention R 65(1) 1973
- Keywords
- Requirement of written form pursuant to Article 108 EPC
Electronic filing (inadmissible) - Catchword
- An appeal filed via electronic means - epoline® - does not comply with the requirement of Article 108 EPC that an appeal must be filed in writing. The appropriate sanction for non-compliance is inadmissibility.
If the electronic filing took place well before the end of the appeal period (in the present case nearly one month) and the appeal, although inadmissible, is treated by the Boards as having been duly filed, then the principle of good faith may require that a request for restitutio in integrum be granted.
Interlocutory Decision
ORDER
For these reasons it is decided that:
1. The main request, that the electronically filed appeal be deemed to have been filed correctly, is refused.
2. The auxiliary request, that the appellant be re-established in his rights, is allowed.