Case law - misc Flashcards
G1/90 Revocation of the patent for failure to meet formal requirements when a patent is
maintained in an amended form
The revocation of a patent under Article 102(4) and (5) EPC requires a decision.
G6/91 Entitlement to a fee reduction
The persons referred to in Article 14(4) EPC are entitled to the fee reduction under Rule 6(3) EPC if they file the essential item of the first act in filing, examination or appeal proceedings in an official language of the State concerned other than English, French or German, and supply the necessary translation no earlier than simultaneously.
The essential item of the first act in appeal proceedings is the notice of appeal, so to secure
entitlement to the reduction in the appeal fee it suffices that said document be filed in an official language of a Contracting State which is not an official language of the European Patent Office provided that it is translated into one of the latter languages, even if subsequent items such as the statement of grounds of appeal are filed only in an EPO official language.
G6/95 Application of Rule 116 EPC vis-à-vis the Boards of Appeal
Rule 116 EPC does not apply to the Boards of Appeal.
G3/92 Filing of replacement application by lawful applicant
When a national court has determined by a final decision that a person other than the applicant is entitled to the grant of a European patent, and that person, in compliance with the specific
requirements of Article 61(1) EPC, files a new European patent application in respect of the same invention under Article 61(1)(b) EPC, it is not a precondition for acceptance of the new application that the earlier original usurping application is still pending before the EPO at the time the new application is filed.
An unusual decision in that it was accompanied by a dissenting opinion.
G4/08 Language of procedure
If an international patent application under the PCT is filed and published in one of the three official languages of the EPO, that language will be the language of procedure when the application is prosecuted before the EPO. The language of procedure cannot by changed by filing a translation of the application into one of the other two EPO official languages when the application enters the regional phase. Languages, other than the language of proceedings can be used during the prosecution of an international patent application during the regional phase before the EPO only to the extent permitted by Article 14(3) EPC.
