tag:blogger.com,1999:blog-8990057754240336385.post2350595992339133542..comments2024-02-27T09:18:36.160+01:00Comments on DeltaPatents Case Law blog: R 0004/18 - Wait for a decisionDeltaPatentshttp://www.blogger.com/profile/07830354704918972593noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8990057754240336385.post-30703604844441044232018-11-27T19:20:01.357+01:002018-11-27T19:20:01.357+01:00It really seems to be the question what came first...It really seems to be the question what came first, an effective decision or an effective withdrawal, because the answer to this question is crucial for the outcome of the proceedings.<br /><br />In German patent practice, further indications whether a content of a written document qualifies as a true decision are: <br /><br />- Is the document signed by the responsible person(s)? This requirement seems to be met (R. 124(3) EPC).<br /><br />- Does the document adversely affect the party to the proceedings in a manner that it terminates the proceedings (with leaving the party adversly affected with no other way to react than with an appeal)? This requirement does not seem to be met with minutes in general and not in the present case (see point 11. of the reasons).<br /><br />In my view, the possibility to request a correction of the substantive content in the minutes (GL, E-III, 10.4) strongly speaks against the assupmtion that minutes can qualify as a decision at all. In decisions of the EPO, only linguistic errors, errors of transcription and obvious mistakes may be corrected (R. 140 EPC).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8990057754240336385.post-57447660362140996612018-11-27T18:39:53.083+01:002018-11-27T18:39:53.083+01:00I agree, but think that the consideration of the p...I agree, but think that the consideration of the procedural context under point 9. of the reasons is a bit misleading. <br /><br />If withdrawal was effectively declared (i.e. still valid power of attorney by ceo), the question of whether the minutes qualify as decision would not arise. The reason is that in this case, the proceedings are terminated ex nunc and the decision of the division becomes final.<br /><br />If the minutes actually did qualify as decision, the question about the withdrawal of the appeal would no longer play a role. The reason is that after the decision (in the minutes) has become effective, the proceedings are terminated ex nunc and a withdrawal of appeal can no longer be effectively declared.<br /><br />Thus, the pronounciation of the withdrawal of the appeal is no criterion for the assessment of the presence of a decision in my view. Rather, if there was a decision before the pronounciation, the withdrawal can no longer take effect.Anonymousnoreply@blogger.com