Judgment No. 2417

• Organization: European Patent Organisation (EPO)
• Date: 02.02.2005
• Original: English
• Judges: Gentot, Hugessen, Gaudron
• Full judgment text - Full judgment text (french)

Decision

1. The EPO's practice of using the complainant's name on IPERs based on searches emanating from the Spanish and Swedish Patent Offices must cease.
2. The EPO shall pay the complainant moral damages in the sum of 5,000 euros.
3. It shall also pay him costs in the amount of 1,000 euros.

Consideration 9

Extract:

"The Appeals Committee accepted that the whole of the complainant's appeal was receivable. The essence of his grievance was contained in his original appeal and his reply was simply an expansion on the relief requested but did not raise a new ground of appeal. That finding was correct and the Tribunal endorses it." (see Judgment 2416, under 11)

Reference(s)

ILOAT Judgment(s): 2416

Keywords

claim; new claim; receivability of the complaint; internal appeals body; internal appeal; report; new plea; compensation