J 0018/85 (Slag discharge) of 04.11.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:J001885.19861104
- Date of decision
- 4 November 1986
- Case number
- J 0018/85
- Petition for review of
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- Application number
- 84115331.5
- IPC class
- F23J 1/02
- 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
- Ofenbau
- Opponent name
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- Board
- 3.1.01
- Headnote
1. The provision of Article 8(3) RFees known as the "ten-day-rule", whereby a payment is deemed to have been made within the required period if the person making the payment can show that he arranged for payment ten days prior to expiry of the period concerned does not apply to key dates after which payments reaching the EPO are affected by an increase in fees or a change in their currency equivalents.
2. If the authoritative decisions of the Administrative Council of the European Patent Organisation designate the date on which the payment is received and not that on which payment falls due as the key date, or if in so designating the date for payment it does not leave scope for the ten-day rule to be applied, there can be no objection under Article 164(2) EPC.
- Relevant legal provisions
- Decision AC 8.6.86 Neufestsetzung Gebühren Art 002Decision AC 8.6.86 Neufestsetzung Gebühren Art 003European Patent Convention Art 164(2) 1973European Patent Convention R 67 1973Rules relating to fees Art 8(3)
- Keywords
- Key date/increase in fees
Increase in fees/key date
Ten-day rule
Compatibility with EPC - Catchword
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- Cited cases
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- Citing cases
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ORDER
For these reasons, it is decided that
1. The appeal is dismissed.
2. Request for reimbursement of the appeal fee is refused. Decision of the Legal Board of Appeal dated 14 May 1986