G 2/93
Enlarged Board of Appeal of the European Patent Office
Issued 21 December 1994
Board composition
Chairman: P. Gori Members: G. Gall, K. Jahn, W. Moser, G.D. Paterson, J.-C. Saisset, P. van den Berg
Headword
Hepatitis A virus

G 2/93 is a decision issued on 21 December 1994 by the Enlarged Board of Appeal of the European Patent Office (EPO). The decision deals with deposits of biological material. More specifically, the decision deals with the time limit for the deposit of such material. The current provision in Rule 32(2)(a) EPC provides for a time limit of sixteen months from the date of filing or from the date of priority, whichever expires earlier.

Question referred to the Enlarged Board of Appeal

The referral to the Enlarged Board of Appeal lies from an interlocutory decision T 815/90^[1] from Technical Board of Appeal 3.3.2. The referred question is:

May the information concerning the file number of a culture deposit according to Rule 28(1)(c) EPC 1973 (now Rule 31(1)(c) EPC) be submitted after expiry of the time limit set out in Rule 28(2)(a) EPC 1973 (now Rule 32(2)(a) EPC)?

Answer to the referred question

The Enlarged Board of Appeal answered this question as follows:

The information concerning the file number of a culture deposit according to Rule 28(1)(c) EPC 1973 (now Rule 31(1)(c) EPC) may not be submitted after expiry of the time limit set out in Rule 28(2)(a) EPC 1973 (now Rule 32(2)(a) EPC).

References

Further reading

• Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (10th edition, July 2022), ii.c.2 : "Sufficiency of disclosure - date of compliance"
• Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (10th edition, July 2022), ii.c.7.6 : "The requirement of sufficiency in the biotechnology field - deposit of living material"
• Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (10th edition, July 2022), ii.c.7.6.2.b : "Procedural questions - late submission of deposit number"
• Legal Research Service for the Boards of Appeal, European Patent Office, Case Law of the Boards of Appeal of the EPO (10th edition, July 2022), iii.h.6 : "Interpretation of the EPC - implementing regulations"

External links

• G 0002/93 () of 21 December 1994
• Decision G 2/93, Official Journal EPO 275/1995
• Decision T 815/90 of 20 October 1997 (ECLI:EP:BA:1993:T081590.19930226, referring decision)