The board refused to apply Rule 56 EPC (filing missing drawings) to allow replacement of a poor quality drawing in a patent application by a drawing from the priority document. Although J2/12 had allowed replacement under Rule 56 in the case that it could be established that wrong drawings were filed, this applied only to errors as to the identity of the drawings and it did not extend to the case that the correct drawings had been filed with poor visual quality.

A full summary of this case has been published on Kluwer IP Law.

 


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