European Patent Office

J 0021/80 (Late payment of appeal fee/Loss of right) of 26.02.1981

European Case Law Identifier
ECLI:EP:BA:1981:J002180.19810226
Date of decision
26 February 1981
Case number
J 0021/80
Petition for review of
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Application number
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IPC class
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Language of proceedings
French
Distribution
Published in the EPO's Official Journal (A)
Other decisions for this case
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Abstracts for this decision
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Application title
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Applicant name
Heisel
Opponent name
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Board
3.1.01
Headnote

I. If the appeal fee has not been paid until after the expiry of the period of two months provided for in Article 108 EPC, the Registrar has good reason to consider that the appeal is inadmissible; he will therefore advise the appellant of the loss of a right, pursuant to Rule 69(1) EPC.

II. The appellant may apply for a decision of the Board of Appeal against the finding of the Registrar, pursuant to Rule 69(2) EPC.

III. If that finding is confirmed by the Board of Appeal, reimbursement of the appeal fee will be ordered.

Keywords
Appeal fee/late payment
Late payment/appeal fee
Loss of right
Catchword
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Cited cases
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ORDER

For these reasons it is decided that:

1. The application for a decision in accordance with Rule 69(2) EPC is without foundation.

2. The appeal against the Decision of the Receiving Section dated 12 May 1980 is inadmissible.

3. Reimbursement of the appeal fee is ordered.