Judgment No. 786

• Organization: European Patent Organisation (EPO)
• Date: 12.12.1986
• Original: French
• Judges: Grisel, Ducoux, Suffian
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 3

Extract:

"If a decision is taken, not within the 60 days, but at least before the complaint is filed, the complainant may not allege an implied decision [...] There is the case in which the Appeals Committee fails to report within a reasonable lapse of time: the staff member may then allege an implied decision."

Keywords

implied decision; failure to answer claim; late decision; receivability of the complaint; internal remedies exhausted; time limit; reasonable time