W 0003/88 (Lubricants) of 08.11.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:W000388.19881108
- Date of decision
- 8 November 1988
- Case number
- W 0003/88
- Petition for review of
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- Application number
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- IPC class
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- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- non publié
- Opponent name
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- Board
- 3.3.01
- Headnote
1. The duties of the International Searching Authority (ISA) in relation to an international application are set out in Article 17 PCT and are purpose-related solely to the carrying out of the international search and the production of a search report.
2. The requirement of unity of invention set out in Rule 13 PCT is a procedural requirement relating to the carrying out of an international search.
3. In considering the requirement of unity of invention the International Searching Authority (ISA) does not have any obligation or power to carry out an "a posteriori" examination of an international application.
- Relevant legal provisions
- European Patent Convention Art 154(3) 1973Patent Cooperation Treaty Art 17Patent Cooperation Treaty Art 17(3)(a)Patent Cooperation Treaty R 13Patent Cooperation Treaty R 33Patent Cooperation Treaty R 40(1)Patent Cooperation Treaty R 40(2)(c)
- Keywords
- Unity a posteriori
Invitation to pay additional fees following a posteriori examination of unity of invention (no)
International Searching Authority - Competences - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
(1) The Invitation to pay additional fees dated 26 October 1987 is set aside. (2) The refund of the additional fee paid is ordered.