T 0149/87 of 21.07.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:T014987.19880721
- Date of decision
- 21 July 1988
- Case number
- T 0149/87
- Petition for review of
- -
- Application number
- 79302464.7
- IPC class
- -
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- T 0149/87 1991-07-08
- Abstracts for this decision
- -
- Application title
- Programmable cardiac pacemaker
- Applicant name
- Medtronic, Inc
- Opponent name
- Biotronik Mess-Therapieger
- Board
- 3.4.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 10 1973European Patent Convention Art 112 1973European Patent Convention Art 33 1973European Patent Convention Art 99 1973
- Keywords
- Notice of opposition delivered to
German Patent Office
Notice of opposition filed at EPO after expiry of
9-month period
Effect of Adminsitrative Agreement dated 29.06.81 - Catchword
- -
- Cited cases
- -
- Citing cases
- -
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?