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  3. Law: Patents, Trademarks, Copyright

eröffnender Verfahrensmangel

English translation: procedural flaw triggering an appeal

10:18 Oct 17, 2019
German to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright / An appeal against Federal Patent court
German term or phrase: eröffnender Verfahrensmangel
Hi, does the deficiency open the way for an appeal? Thanks in advance
Ihre Statthaftigkeit folgt daraus, dass ein im Gesetz aufgeführter, die zulassungsfreie Rechtsbeschwerde eröffnender Verfahrensmangel gerügt wird.
Its admissibility stems from the fact that a procedural deficiency prescribed by the law is alleged opening an admissible appeal
Rodolfo Volpe
English translation:procedural flaw triggering an appeal
Explanation:
You really have two terms here. In the English translation, "eröffnender" goes with Rechtsbeschwerde, not Verfahrensmangel.

It may be best to split up that sentence:

Its admissibility follows from the fact that a procedural flaw has been met with a rebuke. The flaw, which is listed in the law, gives rise to/triggers a permissible appeal.
Selected response from:

Michael Martin, MA
United States
Local time: 13:33
Grading comment
Thanks
4 KudoZ points were awarded for this answer



Summary of answers provided
3It sounds like it
AJ Ablooglu
3procedural flaw triggering an appeal
Michael Martin, MA


  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
It sounds like it


Explanation:
It sounds like it. I am not a lawyer but that is what I understood from the following
www.vwv.co.uk/news-and-events/blog/appeal-capable-of-rectif...
“…the importance of an appeal procedure as an opportunity to remedy procedural defects.”
www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/cl...

and at V. PROCEEDINGS BEFORE THE BOARDS OF APPEAL 9.5.1 Violation must be of a procedural nature
www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/cl...

May be I am handpicking, ergo it needs more legal and scholar scrutiny.



    Reference: http://www.vwv.co.uk/news-and-events/blog/appeal-capable-of-...
    Reference: http://www.epo.org/law-practice/legal-texts/html/caselaw/201...
AJ Ablooglu
Türkiye
Local time: 13:33
Native speaker of: Native in TurkishTurkish
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
procedural flaw triggering an appeal


Explanation:
You really have two terms here. In the English translation, "eröffnender" goes with Rechtsbeschwerde, not Verfahrensmangel.

It may be best to split up that sentence:

Its admissibility follows from the fact that a procedural flaw has been met with a rebuke. The flaw, which is listed in the law, gives rise to/triggers a permissible appeal.

Michael Martin, MA
United States
Local time: 13:33
Works in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 88
Grading comment
Thanks
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