W 0001/87 (Fuel products) of 12.06.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:W000187.19870612
- Date of decision
- 12 June 1987
- Case number
- W 0001/87
- Petition for review of
- -
- Application number
- PCT/US1986/01592
- IPC class
- -
- 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
- Lubrizol
- Opponent name
- -
- Board
- 3.3.01
- Headnote
In a case referred to a Board of Appeal under Rule 40.2(c) PCT, if the protest is not filed at the ISA and the additional fee not paid within the time limit fixed under Rule 40.3 PCT, the ISA is not required to search beyond the main invention, the additional fee must be refunded, and the protest is not admissible.
- Relevant legal provisions
- Patent Cooperation Treaty Art 17(3)(a)Patent Cooperation Treaty R 40(3)
- Keywords
- Protest - late filed protest not admissible
- Catchword
- -
- Cited cases
- -
- Citing cases
- W 0020/01
ORDER
For these reasons, it is decided that:
1. The protest under Rule 40.2 (c) PCT is rejected as inadmissible.
2. The additional fee which was paid under protest should be refunded.