T 0039/88 (Micro-organisms) of 15.11.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:T003988.19881115
- Date of decision
- 15 November 1988
- Case number
- T 0039/88
- Petition for review of
- -
- Application number
- 83110649.7
- IPC class
- C12B 7/25
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- CPC
- Opponent name
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- Board
- 3.3.02
- Headnote
There may be a deficiency in complying with Rule 28 EPC when the deposit of a culture of a micro-organism, originally made under other legislation, was not converted into a deposit under Rule 28 EPC or the Budapest Treaty before the filing of a European patent application. Nevertheless, due to the lack of clarity which was inherent in the system of deposits under Rule 28 in that respect, it is not justified to refuse, on this sole ground, a European patent application filed before the publication of the clarifying notice of the EPO dated 18 July 1986 concerning patent applications and European patents in which reference is made to micro-organisms (OJ EPO 1986, 269) (cf. points 4-6 of the reasons).
- Relevant legal provisions
- European Patent Convention Art 83 1973European Patent Convention R 28 1973
- Keywords
- Micro-organisms - deficiency in deposit
Micro-organisms - conversion of ATCC-deposit - Catchword
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- Cited cases
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ORDER
7. It follows from these considerations that the decision under appeal has to be set aside. ...