J 0020/87 (Refund of search fee) of 30.07.1987
- European Case Law Identifier
- ECLI:EP:BA:1987:J002087.19870730
- Date of decision
- 30 July 1987
- Case number
- J 0020/87
- Petition for review of
- -
- Application number
- 86307766.5
- IPC class
- C07D 501/36
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Upjohn
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. There is nowhere any support for the idea that the EPO is entitled to exercise a general discretion based on equity in respect of refunding the fee for the European search report. The requirements set out in Article 10 of the Rules relating to Fees have to be strictly applied.
2. A Board of Appeal may refuse a request for oral proceedings made by an applicant in the course of an appeal against a decision of the Receiving Section where the Board does not consider such proceedings to be expedient and where it does not envisage refusing the European patent application (Article 116(2) EPC, applied, pursuant to Article 111(1) EPC).
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 116(2) 1973Rules relating to fees Art 10
- Keywords
- Refund of search fee
Priority of earlier application not claimed - no discretion of EPO
Request for oral proceedings (refused) - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The request for oral proceedings is refused.
2. The appeal is rejected.