T 0117/87 of 22.04.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:T011787.19910422
- Date of decision
- 22 April 1991
- Case number
- T 0117/87
- Petition for review of
- -
- Application number
- 79302462.1
- IPC class
- A61N 1/36
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- T 0117/87 Office allemand des brevets 1988-07-06T 0117/87 Deutsches Patentamt 1988-07-06T 0117/87 German Patent Office 1988-07-06
- Abstracts for this decision
- -
- Application title
- Programmable medical device
- Applicant name
- Medtronic
- Opponent name
- Biotronik Mess- Therapie.
- Board
- 3.4.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 56 1973European Patent Convention Art 83 1973
- Keywords
- Notice of opposition filed at and accepted by the
German Patent Office in Berlin admissible (yes)
Disclosure of invention (yes)
Inventive step (yes, after amendment) - Catchword
- -
ORDER
For these reasons, it is decided that:
The following questions concerning an important point of law shall be referred to the Enlarged Board of Appeal for decision:
(i) If the President of the EPO makes an agreement with an outside organisation (here: the German Patent Office), has he the power to include in such an agreement a term which requires the EPO in certain circumstances to treat a document which was filed at the EPO outside a time limit set by the EPC as if it had been filed within such time limit?
(ii) If the making of an agreement which includes such a term is not within the power of the President of the EPO, what is the legal effect of such a term in such an agreement, having regard to the fact that the agreement was published in the Official Journal in order that parties to proceedings before the EPO should be informed of and rely upon its contents?
(iii) In the present case, are time limit and place for filing the notice of opposition at the EPO governed by Article 99(1) EPC alone, or by Article 99(1) EPC in combination with Article 1, paragraph 3, of the Administrative Agreement dated 29 June 1981?