W 0053/91 (Second invitation) of 19.02.1992
- European Case Law Identifier
- ECLI:EP:BA:1992:W005391.19920219
- Date of decision
- 19 February 1992
- Case number
- W 0053/91
- Petition for review of
- -
- Application number
- -
- IPC class
- A61K 31/16
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Pharmacologically active amide carboxylate derivatives
- Applicant name
- -
- Opponent name
- -
- Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 106(1) 1973European Patent Convention Art 154(3) 1973European Patent Convention Art 21 1973Patent Cooperation Treaty Art 17(3)(a)Patent Cooperation Treaty Art 18Patent Cooperation Treaty R 40(2)Patent Cooperation Treaty R 42
- Keywords
- PCT protests - appeals by analogy - suspensive effect of protest - subsequent incompetence of ISA
Second invitation null and void ab initio - Catchword
- 1. The provisions of the EPC on appeals and appeal procedure are based on generally recognised principles of procedural law. Appeals under the EPC are decided by a separate instance, the Boards of Appeal (Article 21 EPC). Protests under the PCT are also to be examined by a separate instance (Rule 40.2(c) PCT). By analogy, protest cases are therefore to be considered and treated as appeals within the framework of the provisions of the EPC on appeals and appeals procedure, provided that no conflict arises between the two treaties.
2. Given the analogy between protests under the PCT and appeals under the EPC, an invitation against which a protest has been lodged cannot validly be replaced by a second invitation. - Cited cases
- -
ORDER
For these reasons, it is ordered that:
1. The invitation of 1 October 1991 is declared null and void ab initio.
2. The reimbursement of the fees paid under protest with regard to the invitation of 1 October 1991 is ordered.