European Patent Office

J 0005/91 (Legal loophole) of 29.04.1992

European Case Law Identifier
ECLI:EP:BA:1992:J000591.19920429
Date of decision
29 April 1992
Case number
J 0005/91
Petition for review of
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Application number
90201567.6
IPC class
-
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
Kongskilde
Opponent name
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Board
3.1.01
Headnote

In cases where the time limits for subsequent payment of designation fees under paragraphs 1 and 2 of Rule 85a EPC as amended on 8 December 1988 expire at different times, all designation fees can still validly be paid up to the later date.

Relevant legal provisions
European Patent Convention R 85a 1973
Keywords
Designation fees - expiry of period of grace at different times
Catchword
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Cited cases
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ORDER

For these reasons it is decided that:

1. The contested decision is set aside.

2. It is ruled that the following Contracting States to the European Patent Convention are validly designated in European patent application No. 90 201 567.6 (publication No. 0 404 241): Belgium, Germany, Denmark, France, Italy, Netherlands, Spain, United Kingdom (BE DE DK FR IT NL ES GB).