Judgment No. 4442

• Organization: European Patent Organisation (EPO)
• Date: 07.07.2021
• Original: English
• Judges: Frydman, Hansen, Barbagallo
• Full judgment text - Full judgment text (french)

Decision

The application for review is dismissed.

Summary

The complainant filed an application for review of Judgment 4329.

Judgment keywords

Keywords

application for review; summary procedure; complaint dismissed

Consideration 3

Extract:

Pursuant to Article VI of its Statute, the Tribunal’s judgments are “final and without appeal” and have res judicata authority. They may therefore be reviewed only in exceptional circumstances and on strictly limited grounds. The only admissible grounds for review are failure to take account of material facts, a material error involving no exercise of judgement, 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. Pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea, on the other hand, afford no grounds for review (see Judgment 3899, consideration 3, and the case law cited therein).

Reference(s)

ILOAT Judgment(s): 3899

Keywords

admissible grounds for review; inadmissible grounds for review