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Newsletters and Bulletins / March 1999 / European Patent Office
 

European Patent Office (EPO) - Appeal Procedure

The need to take care to respond to communications from one of the appeal boards of the EPO, even if the communication in question only invites comments on the board's initial assessment of the appeal, was emphasized in the case of Deemed withdrawal/Gonzalez Garcia. The appeal in question resulted from an appeal by the applicants from a refusal of the receiving section to permit the addition of Italy as a designated country after the original filing of the case. The appellants failed to respond to a communication from the Appeal Board setting out its initial thoughts on the appeal. The appellants then failed to request further processing within the prescribed term after they received a communication stating that the application was deemed to be withdrawn by failure to respond to the Board's first communication. The application was therefore abandoned. The fact that the appeal was from a decision of the receiving section of the EPO to the effect that Italy was not properly designated so that had the applicants not appealed they would have been able to secure protection in other designated countries did not sway the Legal Board of Appeal. The appellants' argument that their failure to respond to the communication should have been treated simply as a withdrawal of the appeal likewise failed to convince the Board.


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© Copyright 1999 Ladas & Parry - Posted 3/28/1999
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