| European Case Law Identifier: | ECLI:EP:BA:1987:J000387.19871202 | ||||||||
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| Date of decision: | 02 December 1987 | ||||||||
| Case number: | J 0003/87 | ||||||||
| Application number: | 84903426.9 | ||||||||
| IPC class: | B01D 13/04 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
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| Title of application: | - | ||||||||
| Applicant name: | Memtec | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | 1. The principles of good faith governing relations between the EPO and applicants require communications to be clear and unambiguous to the applicant (cf. decision J 2/87 of 20 July 1987, OJ EPO 1988,330). Communications must be worded so as to rule out any misunderstanding on the part of a reasonable addressee. 2. A party to proceedings before the EPO cannot suffer a disadvantage as a result of having been misled by a communication which could fairly be regarded as misleading to a reasonable addressee. 3. An examination fee surcharge which would not have become due in the absence of a misleading communication must accordingly be reimbursed in accordance with the principles of good faith. |
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| Keywords: | Reimbursement of surcharge on examination fee (yes) Filing of authorisation in due time Clarity and unambiguity of communications Principles of good faith |
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| Catchwords: |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j870003ex1.html
Date retrieved: 17 May 2021
33 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)