Re: TBA -> EBA?

[Erik Josefsson erikjosefsson@telia.com.sslug.dk]

EPOs beslut kan tydligen inte överklagas i Europadomstolen.
"This must be regarded as a weakness of the European Patent System."

On Wed, 2002-05-22 at 09:29, Hans Raible wrote:
> 
> 
> Erik Josefsson schrieb:
> 
> > Dear Mr Raible.
> >
> > I am working on a comment to the Swedish Ministry of Justice on the
> > directive proposal from the Commission on "computer implemented
> > inventions" as a member of Skåne Själland Linux User Group.
> >
> > In the decision T1002/92 the "Swedish Patent Office rejected the
> > application. In appeal proceedings, the Swedish Court of Patent Appeals
> > also rejected the application. In a further appeal, the Swedish Supreme
> > Administrative Court also rejected the application."(under 2.7 page 16)
> >
> > http://www.european-patent-office.org/dg3/pdf/t921002ex1.pdf
> > http://l2.espacenet.com/espacenet/viewer?PN=EP0086199&CY=ep&LG=en&DB=EPD
> >
> > Is there a EPC regulation/paragraph that suggests that the TBA under
> > such circumstances should have asked the EBA for opinion?
> >
> > Kind regards.
> >
> > Erik Josefsson
> 
> Dear Mr. Josefsson,
> 
> This is a decision from 1992 and no longer interesting since the law has
> gone forward in big strides since that time.
> 
> Acc. to Art. 25 EPC, any national court may ask for a "technical opinion"
> from the EPO, against a fee, but only if there exists a European patent
> that is in dispute. This possibility is not used very often.
> 
> In your case which probably was a national Swedish one, there is no
> possibility for a Swedish court to obtain guidance from the EPO. This must
> be regarded as a weakness of the European Patent System. The weakness is
> not present in the European Trade Mark System where the national courts may
> turn to the European Court of Justice for guidance.
> 
> In this field of law, there have been important developments within the
> last ten years, and this process of rättsutveckling is continuing.
> 
> Kind regards,
> Hans Raible


>