Judgment No. 4133

• Organization: European Patent Organisation (EPO)
• Date: 06.02.2019
• Original: English
• Judges: Barbagallo, Hansen, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The application for review is dismissed.

Summary

The complainant filed an application for review of Judgment 3956.

Judgment keywords

Keywords

application for review; summary procedure; mistake of fact; complaint dismissed

Consideration 2

Extract:

In his application for review of Judgment 3956, the complainant submits that the Tribunal made a mistake of fact involving no exercise of judgement and failed to take into account particular facts. Referring to Judgment 3819, he points out that, according to the Tribunal’s case law, these are admissible grounds for review. It should be noted that the case law also establishes that, in order to be admissible, such pleas must be likely to have a bearing on the outcome of the case (see Judgment 3333, consideration 4, and the case law cited therein).

Reference(s)

ILOAT Judgment(s): 3333, 3819, 3956

Keywords

application for review; admissible grounds for review; mistake of fact