T 0716/89 (Right to be heard) of 22.02.1990
- European Case Law Identifier
- ECLI:EP:BA:1990:T071689.19900222
- Date of decision
- 22 February 1990
- Case number
- T 0716/89
- Petition for review of
- -
- Application number
- 85303946.9
- IPC class
- C12Q 1/14
- 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
- Unilever
- Opponent name
- Unilever
- Board
- 3.3.02
- Headnote
The principle, that parties have a right to be heard in accordance with due process of law requires that under Rule 57(1) EPC an opposition must be communicated to the patent proprietor before a decision is taken to revoke the patent, even where the proprietor is himself the opponent.
- Relevant legal provisions
- European Patent Convention Art 101(2) 1973European Patent Convention Art 113(1) 1973European Patent Convention R 57(1) 1973European Patent Convention R 57(3) 1973European Patent Convention R 58 1973
- Keywords
- Right to be heard in opposition proceedings
Opponent being the proprietor
Communication of opposition to proprietor - Catchword
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- Cited cases
- -
- Citing cases
- T 0864/02
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Opposition Division for continuation of the opposition proceedings on the basis of the amended claims filed on 5 January 1990.
3. Reimbursement of the appeal fee is ordered.