T 0265/20 (Deemed approval to the text intended for grant) of 26.10.2020
- European Case Law Identifier
- ECLI:EP:BA:2020:T026520.20201026
- Date of decision
- 26 October 2020
- Case number
- T 0265/20
- Petition for review of
- -
- Application number
- 11820257.1
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- SYSTEM FOR ENABLING TEST DATA FROM A CLINICAL ANALYTIC DEVICE TO BE COMMUNICATED TO AN ELECTRONIC PATIENT INFORMATION MANAGEMENT SYSTEM
- Applicant name
- Zafena AB
- Opponent name
- -
- Board
- 3.5.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention R 71(3) (2012)European Patent Convention R 71(5) (2012)
- Keywords
- Admissibility of appeal - appellant adversely affected despite decision to grant a patent
Approval by paying fee for grant and publishing and filing translations - binding effect - Catchword
- 1. The appellant is adversely affected by the decision to grant a patent in the present case, as all of the drawing sheets as requested are missing from the text of the granted patent (point 1).
2. It is not the content of the text intended for grant which triggers the deemed approval under Rule 71(5) EPC, but rather the applicant paying the fee for grant and publishing and filing the translations according to Rule 71(5) EPC. Thus the "true will" of the members of the examining division when editing the communication pursuant to Rule 71(3) EPC is of no relevance (point 2).
Order
For these reasons it is decided that:
The appeal is dismissed.