J 0016/84 (Unclear payment of fees) of 06.08.1985
- European Case Law Identifier
- ECLI:EP:BA:1985:J001684.19850806
- Date of decision
- 6 August 1985
- Case number
- J 0016/84
- Petition for review of
- -
- Application number
- 83110450.0
- IPC class
- -
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- 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
- Ferrero
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. If, when a fee is paid, the purpose of the payment has evidently been given incorrectly, this deficiency is not prejudicial if the intended purpose can be established without difficulty from the remaining information.
2. The inadvertent use of a fee by the EPO for a different purpose from that evidently intended by the person making the payment has no effect on the purpose intended by that person.
- Relevant legal provisions
- European Patent Convention Art 78(2) 1973European Patent Convention Art 79(2) 1973Rules relating to fees Art 7(2)
- Keywords
- Payment of fees (unclear)
Payment of fees/inadequate indication of purpose - Catchword
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- Cited cases
- -
- Citing cases
- J 0011/04
ORDER
For these reasons, it is decided that:
1. The decision of the Receiving Section of 28 May 1984 is set aside.
2. Reimbursement of the surcharge of DM 1 035 (Rule 85a) and of the appeal fee of DM 630 is ordered.