T 0117/87 (German Patent Office) du 06.07.1988

Identifiant européen de la jurisprudence: ECLI:EP:BA:1988:T011787.19880706
Date de la décision: 6 juilliet 1988
Numéro de l'affaire: T 0117/87
Requête en révision de: -
Numéro de la demande: 79302462.1
Classe de la CIB: A61N 1/36
Langue de la procédure: Anglais
Distribution: Publiées au Journal officiel de l'OEB (A)
Téléchargement: Décision en anglais
Versions JO: Allemand
Anglais
Français
Autres décisions pour cet affaire: T 0117/87 1991-04-22
Résumés pour cette décision: -
Titre de la demande: Programmable medical device
Nom du demandeur: Medtronic
Nom de l'opposant: Biotronik Mess- Therapie.
Chambre: 3.4.01
Sommaire: The following questions concerning important points of law are referred to the Enlarged Board of Appeal: (i) If the President of the EPO makes an agreement with an outside organisation (here: the German Patent Office), has he the power to include in such an agreement a term which requires the EPO in certain circumstances to treat a document which was filed at the EPO outside a time limit set by the EPC as if it had been filed within such time limit? (ii) If the making of an agreement which includes such a term is not within the power of the President of the EPO, what is the legal effect of such a term in such an agreement, having regard to the fact that the agreement was published in the Official Journal in order that parties to proceedings before the EPO should be informed of and rely upon its contents? (iii) In the present case, are time limit and place for filing the notice of opposition at the EPO governed by Article 99(1) EPC alone, or by Article 99(1) EPC in combination with Article 1, paragraph 3, of the Administrative Agreement dated 29 June 1981?
Dispositions juridiques pertinentes: European Patent Convention Art 10 1973 European Patent Convention Art 112 1973 European Patent Convention Art 33 1973 European Patent Convention Art 99 1973
Mots-clés: Notice of opposition delivered to German Patent Office
Notice of opposition filed at EPO after expiry of 9-month period
Administrative Agreement German Patent Office/EPO 1981/effect of
Exergue: -
Affaires citées: -
Affaires citantes: T 0117/87 T 0545/91

ORDER

For these reasons, it is decided that:

The following questions concerning an important point of law shall be referred to the Enlarged Board of Appeal for decision: (i) If the President of the EPO makes an agreement with an outside organisation (here: the German Patent Office), has he the power to include in such an agreement a term which requires the EPO in certain circumstances to treat a document which was filed at the EPO outside a time limit set by the EPC as if it had been filed within such time limit? (ii) If the making of an agreement which includes such a term is not within the power of the President of the EPO, what is the legal effect of such a term in such an agreement, having regard to the fact that the agreement was published in the Official Journal in order that parties to proceedings before the EPO should be informed of and rely upon its contents? (iii) In the present case, are time limit and place for filing the notice of opposition at the EPO governed by Article 99(1) EPC alone, or by Article 99(1) EPC in combination with Article 1, paragraph 3, of the Administrative Agreement dated 29 June 1981?