J 0011/85 (Small amount lacking) of 23.10.1985
- European Case Law Identifier
- ECLI:EP:BA:1985:J001185.19851023
- Date of decision
- 23 October 1985
- Case number
- J 0011/85
- Petition for review of
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- Application number
- 82903242.4
- IPC class
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- Language of proceedings
- German
- 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
- Ikaplast
- Opponent name
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- Board
- 3.1.01
- Headnote
1. Where an amount paid jointly in respect of several fees is insufficient, the question of whether the amount lacking is small within the meaning of Article 9(1), fourth sentence, of the Rules relating to Fees, must be resolved by reference to the total fee amount.
2. Application of Article 9(1), fourth sentence, of the Rules relating to Fees is not precluded by dint of the fact that the danger of a legal disadvantage resulting from insufficient payment of fees could be obviated by grant of re-establishment of rights or payment in due time of a surcharge.
3. An underpayment of about 10% may as a rule be considered as a small amount.
- Relevant legal provisions
- European Patent Convention Art 122 1973European Patent Convention R 85b 1973RFees_Art_009(1)_Sent_4
- Keywords
- Small amount lacking in fee payment
Fee payment/small amount lacking - Catchword
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- Cited cases
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ORDER
For these reasons, It is decided that:
1. The decision of the Examining Division dated 30 November 1984 is set aside.
2. Reimbursement of the surcharge on the examination fee and of the fees for re-establishment of rights and for appeal is ordered.