T 1553/13 (Inadmissibility of an appeal where the appeal fee is paid after expiry of the appeal period) of 20.02.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T155313.20140220
- Date of decision
- 20 February 2014
- Case number
- T 1553/13
- Petition for review of
- -
- Application number
- 08716627.8
- IPC class
- F01N 3/28F01N 3/035F01N 13/18
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in German
- Other decisions for this case
- T 1553/13 2016-11-23
- Abstracts for this decision
- -
- Application title
- ABGASANLAGE
- Applicant name
- Tenneco GmbH
- Opponent name
- J. EBERSPÄCHER GMBH & CO. KG
- Board
- 3.2.06
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 105a(1)European Patent Convention Art 108European Patent Convention Art 112(1)European Patent Convention Art 112a(4)European Patent Convention Art 94(1)European Patent Convention Art 94(2)European Patent Convention Art 99(1)European Patent Convention R 123(3)European Patent Convention R 126European Patent Convention R 136(1)European Patent Convention R 22(2)European Patent Convention R 65(1) 1973European Patent Convention R 89(2)Rules relating to fees Art 11Rules relating to fees Art 2VCLT)
- Keywords
- Notice of appeal filed after expiry of appeal period
Appeal fee paid after expiry of appeal period
Referral to the Enlarged Board of Appeal - Catchword
- The following point of law is referred to the Enlarged Board of Appeal:
If, after expiry of the time limit under Article 108, first sentence, EPC a notice of appeal is filed and the fee for appeal is paid, is the appeal inadmissible or is it deemed not to have been filed? - Cited cases
- G 0005/83G 0009/92G 0002/97J 0021/80J 0016/82T 0324/90T 0489/93T 0742/96T 0445/98T 0079/01T 1026/06T 1289/10T 1535/10T 2210/10T 1486/11
- Citing cases
- G 0001/18
Order
For these reasons it is decided that:
The following point of law is referred to the Enlarged Board of Appeal:
If, after expiry of the time limit under Article 108, first sentence, EPC a notice of appeal is filed and the fee for appeal is paid, is the appeal inadmissible or is it deemed not to have been filed?