| 翻訳と辞書 |
| Reformatio in peius ： ウィキペディア英語版 |
Reformatio in peius
(from Latin ''reformatio'', 'change' - actually, 'improvement', and ''peius'', 'worse') is a Latin phrase used in law meaning that a decision from a court of appeal is amended to a worse one.
== Prohibition of ''reformatio in peius'' at the European Patent Office ==
Under the case law of the Boards of Appeal of the European Patent Office (EPO), a Board cannot put a sole appellant in a worse position than if he had not appealed the first instance decision. Hence in relation to appeals, the term "prohibition of ''reformatio in peius''" essentially means that a person should not be placed in a worse position as a result of filing an appeal. Thus, in general, EPO Boards of Appeal are prevented in opposition appeal proceedings from going beyond the request of a sole appellant to put it in a worse position than it was before it appealed.〔 "Binding effect of requests - no reformatio in peius".〕 The central case detailing this principle is G 4/93 consolidated with G 9/92.
This principle however does not hold without exceptions, as laid out for example in decision G 1/99. In this case, an error of judgement had been made by an Opposition Division in allowing the addition of a limiting feature going beyond the content of the application as filed (contrary to ). The Board allowed the patent proprietor to file requests in order to overcome this deficiency, since
Still under the case law of the boards of appeal of the EPO, the doctrine of ''reformatio in peius'' does not however apply separately to each point or issue decided, or to the reasoning leading to the impugned decision.〔 "According to the established case law of the boards of appeal, the doctrine of reformatio in peius does not apply separately to each point or issue decided, or to the reasoning leading to the impugned decision (see T 149/02 of 25 July 2003, point 3.2.1)." in (EPO Board of Appeal decision T 0384/08 of 26 June 2009 ), Reasons 2.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Reformatio in peius」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|