J 0001/81 (Public holiday) of 24.11.1982
- European Case Law Identifier
- ECLI:EP:BA:1982:J000181.19821124
- Date of decision
- 24 November 1982
- Case number
- J 0001/81
- Petition for review of
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- Application number
- 80400601.3
- IPC class
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- Language of proceedings
- French
- Distribution
- Published in the EPO's Official Journal (A)
- Download
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- 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
- Losfeld
- Opponent name
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- Board
- 3.1.01
- Headnote
I. Where fees are paid by delivering a cheque to a bank maintaining an account for the Office, the date of payment for the purposes of Article 8(1) of the Rules relating to Fees is not the date on which the cheque was delivered but that on which the payment was entered in the account held by the Office.
II. However, if the time limit for payment expires on a day declared to be a public holiday in Munich, where the Office is located, the time limit is extended under Rule 85(1) EPC irrespective of whether it would, in fact, have been possible to effect payment either in Munich or at any other place where it could validly have been made.
- Relevant legal provisions
- European Patent Convention R 85(1) 1973Rules relating to fees Art 8(1)
- Keywords
- Payment date/filing and search fee
Payment date/filing and search fee
Public holiday
Extension of time limit
Time limit/extension of - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
1. The Decision of the Receiving Section of 17 September 1980 is set aside.
2. Reimbursement of the appeal fee is ordered.