Judgment No. 3817

• Organization: European Patent Organisation (EPO)
• Date: 28.06.2017
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The application for review is dismissed.

Summary

The complainant has filed an application for review of Judgment 3623.

Judgment keywords

Reference(s)

ILOAT Judgment(s): 3623

Keywords

application for review; res judicata; complaint dismissed

Consideration 3

Extract:

Article VI of the Statute of the Tribunal states that judgments are final and without appeal, but that the Tribunal can nonetheless consider applications for review. Consistent precedent has it that they carry res judicata authority and may be reviewed only in exceptional circumstances and on strictly limited grounds. “The only admissible grounds therefor are failure to take account of material facts, a material error, in other words a mistaken finding of fact involving no exercise of judgement which thus differs from misinterpretation of the facts, an omission to rule on a claim, or the discovery of new facts which the [complainant] was unable to rely on in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. On the other hand, pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea afford no grounds for review” (see Judgment 3719, under 4, and the case law cited therein).

Reference(s)

ILOAT reference: Article VI of the Statute
ILOAT Judgment(s): 3719

Keywords

admissible grounds for review