W 0026/06 (Oligonucleotide probes/CONSIGLIO) of 28.02.2007
- European Case Law Identifier
- ECLI:EP:BA:2007:W002606.20070228
- Date of decision
- 28 February 2007
- Case number
- W 0026/06
- Petition for review of
- -
- Application number
- PCT/IB2005/003369
- IPC class
- C07H 21/00
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Oligonucleoide probes
- Applicant name
- Consiglio Nazionale delle Ricerche
- Opponent name
- -
- Board
- 3.3.08
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 150(2) 1973European Patent Convention Art 154(3) 1973European Patent Convention R 105(3) 1973European Patent Convention R 158(3)Patent Cooperation Treaty R 40(2)
- Keywords
- -
- Catchword
- The present international application was filed on 10 November 2005. Thus, the protest procedure was subject to the amended Rule 40.2 PCT entered into force on 1 April 2005 the aim of which was to provide only one instance of review. This procedure does not leave room for a further review carried out by the board of appeal (see points 2 to 9 of the reasons). In the present case, the review body constituted within the EPO acting as the ISA concluded that the invitation to pay additional fees had been justified. Nevertheless, disregarding the new procedure, it invited the applicant to pay the protest fee only after its review, which amounts to a substantial procedural violation. Thus, the fee must be reimbursed.
- Cited cases
- W 0001/06
ORDER
For these reasons it is decided that:
The protest fee is reimbursed.