T 0485/89 (Telecopy filings) of 14.08.1991
- European Case Law Identifier
- ECLI:EP:BA:1991:T048589.19910814
- Date of decision
- 14 August 1991
- Case number
- T 0485/89
- Petition for review of
- -
- Application number
- 83300268.6
- IPC class
- E03F 3/06
- 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
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- Application title
- -
- Applicant name
- Water Research
- Opponent name
- Tracto-Technik
- Board
- 3.2.02
- Headnote
Oppositions filed within the prescribed time by telecopy at the German Patent Office in Munich while intended for the EPO are validly covered by the Administrative Agreement of 29 June 1981 concerning procedure on receipt of documents and payments and should be treated by the European Patent Office as if it had received them directly, irrespective of whether were erroneously delivered or not.
- Relevant legal provisions
- European Patent Convention Art 99(1) 1973
- Keywords
- Time limit for opposition
Admissibility of notice of opposition deliberately filed by telecopy at the German Patent Office, Munich
Applicability of Administrative Agreement of 29 June 1981 - Catchword
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- Cited cases
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- Citing cases
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ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The Notice of Opposition regarding European patent 0 086 567 filed by the Appellant on 3 June 1987 with the German Patent Office in Munich is declared admissible.
3. The case is remitted to the Opposition Division for further prosecution.