J 0007/83 (Interruption of proceedings) of 02.12.1983
- European Case Law Identifier
- ECLI:EP:BA:1983:J000783.19831202
- Date of decision
- 2 December 1983
- Case number
- J 0007/83
- Petition for review of
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- Application number
- 81420026.7
- IPC class
- -
- 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
- Mouchet
- Opponent name
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- Board
- 3.1.01
- Headnote
In the event of proceedings for grant of a European patent being interrupted because the applicant company has gone into receivership (Rule 90(1)(b) EPC), the period prescribed by Article 94(2) EPC for payment of the examination fee is suspended as from the date on which payments were discontinued by court order up to the date on which proceedings for grant are resumed (Rule 90(2)). The period then resumes for the part remaining to elapse, or for at least the two months prescribed by Rule 90(4), second sentence.
- Relevant legal provisions
- European Patent Convention Art 94(2) 1973European Patent Convention R 90(1)(b) 1973European Patent Convention R 90(4) 1973
- Keywords
- Interruption of proceedings
Examination fee/time limit for payment
Receivership - 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 dated 31 March 1983 is set aside.
2. Reimbursement of the examination surcharge (Rule 85b) and the appeal fee is ordered.