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Journal of Intellectual Property Law & Practice Advance Access originally published online on May 22, 2008
Journal of Intellectual Property Law & Practice 2008 3(7):431-432; doi:10.1093/jiplp/jpn093
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© The Authors (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

EPO decision on ‘All due care’ and exclusive reliance on computer calculated time-limits

David Rogers
Legal Member, Boards of Appeal
European Patent Office, Munich, Germany

Automated service scheduling system – ex parte Board 3.5.01, T-0473/07, European Patent Office, Board of Appeal, 30 November 2007

This decision considers whether reliance upon a hitherto entirely reliable computer system for calculating time limits, without any subsequent check by the representative or his staff of the correctness of the calculated time limit, meets the standard of ‘all due care’ under Article 122 EPC restitutio in integrum.

Correspondence: Email: drogers{at}epo.org


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