T 0585/92 (Deodorant detergent) of 09.02.1995
- European Case Law Identifier
- ECLI:EP:BA:1995:T058592.19950209
- Date of decision
- 9 February 1995
- Case number
- T 0585/92
- Petition for review of
- -
- Application number
- 79300039.9
- IPC class
- A61K 7/32
- 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
- The use of a deodorant detergent composition and a method for suppressing human body malodour
- Applicant name
- UNILEVER PLC, et al
- Opponent name
- Bayer AG
PROCTER & GAMBLE
Henkel - Board
- 3.3.02
- Headnote
1. Where a patent application is published early by a government agency as a result of an error, this is not of necessity an abuse in relation to the applicant within the meaning of Article 55(1)(a) EPC, however unfortunate and detrimental its consequences may turn out to be.
2. In order to determine whether there is an abuse in the sense of Article 55(1)(a) EPC, the state of mind of the "abuser" is of importance.
- Relevant legal provisions
- European Patent Convention Art 123 1973European Patent Convention Art 54 1973European Patent Convention Art 55 1973European Patent Convention Art 56 1973European Patent Convention Art 83 1973European Patent Convention Art 84 1973European Patent Convention Art 87 1973
- Keywords
- Sufficiency - yes - in light of Appellant's further experiments
Clarity and support - yes
Priority - in order
Novelty - yes
Inventive step - yes
Evident abuse in relation to Applicant - early publication by Brazilian Patent Office not considered to be so - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance with the order to maintain the patent on the basis of the main request with consequential amendment to the description if necessary.