Judgment No. 3819

• Organization: European Patent Organisation (EPO)
• Date: 28.06.2017
• Original: Anglais
• Judges: Rouiller, Barbagallo, Hansen
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The application for review is dismissed.

Summary

The complainant has filed an application for review of Judgment 3714.

Judgment keywords

Reference(s)

Jugement(s) TAOIT: 3714

Keywords

application for review; complaint dismissed

Consideration 2

Extract:

In his submissions the complainant rightly recalls that, according to the Tribunal’s case law, an application for review of one of its judgments may, exceptionally, be allowed, but only on limited grounds. Indeed, the only admissible grounds for review are a failure to take account of particular facts, a mistaken finding of fact involving no exercise of judgement, omission to rule on a claim and, lastly, the discovery of a new fact that the complainant was unable to invoke in time in the original proceedings (see Judgment 3333, under 4, and the case law cited therein).

Reference(s)

Jugement(s) TAOIT: 3333

Keywords

admissible grounds for review

Consideration 4

Extract:

[T]he complainant’s reliance on Article VII, paragraph 3, [of the Statute] was misplaced. Indeed, as the Tribunal recalled in consideration 7, where the Administration takes any action to deal with a claim, this step in itself constitutes “a decision upon [the] claim” within the meaning of Article VII, paragraph 3, which forestalls an implied rejection that could be referred to the Tribunal.

Reference(s)

ILOAT reference: Article VII, paragraph 3, of the Statute

Keywords

direct appeal to tribunal