T 0118/87 (Amylolytic enzymes) of 25.08.1989
- European Case Law Identifier
- ECLI:EP:BA:1989:T011887.19890825
- Date of decision
- 25 August 1989
- Case number
- T 0118/87
- Petition for review of
- -
- Application number
- 81300578.2
- IPC class
- C12N 15/00
- 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
- -
- Applicant name
- CPC
- Opponent name
- -
- Board
- 3.3.01
- Headnote
1. Rule 28(1) EPC stipulates that a culture of the micro-organism must have been deposited with a recognised depositary institution not later than the date of filing of the application.
2. The applicant of an invention for a microbiological process and the depositor of a micro-organism must in principle be one and the same. Exceptionally it is justified to consider the parent company and subsidiary as one entity for the purposes of Rule 28 EPC, if the parent company has full control of the deposits made by the subsidiary company.
- Relevant legal provisions
- EPC1973_R_028(2)_Sent_3European Patent Convention Art 83 1973
- Keywords
- Deposit of a micro-organism
Identity of applicant and depositor
Parent company and subsidiary - Catchword
- -
- Cited cases
- -
- Citing cases
- T 1147/01
ORDER
For these reasons it is decided that:
1. The Examining Division's decision dated 11 November 1986 is set aside.
2. The case is remitted to the Examining Division for resumption of examination proceedings.