T 0193/87 (Belated translation) of 13.06.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:T019387.19910613
- Date of decision
- 13 June 1991
- Case number
- T 0193/87
- Petition for review of
- -
- Application number
- 81850063.9
- IPC class
- F16K 1/44
- 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
- ALFA_LAVAL
- Opponent name
- Tuchenhagen GmbH; Hoogeveen BV
- Board
- 3.2.01
- Headnote
If a notice of opposition is filed in a language of a Contracting State other than an official language of the EPO and the translation prescribed in Article 14(4) EPC is not filed in due time, this notice shall be deemed not to have been received, and the opposition fee is to be refunded (following T 323/87, OJ EPO 1989,343). Since the opposition is not in existence, examination for its admissibility under Rule 56(1) EPC does not come into question.
- Relevant legal provisions
- European Patent Convention Art 14(4) 1973European Patent Convention Art 14(5) 1973European Patent Convention R 56(1) 1973European Patent Convention R 56(2) 1973European Patent Convention R 6(2) 1973
- Keywords
- Translation of notice of opposition not filed in due time
Opposition non-existent
No examination for Admissibility
Opposition fee refunded - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The Appellant's opposition is deemed not to have been filed.
3. The opposition fee paid by the Appellant is to be refunded.
4. The request for apportionment of costs is rejected.
5. The case is remitted to the first instance for further prosecution.