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VI.F.1. General
No provision of the EPC states explicitly that the EPC takes precedence over the Rules relating to Fees (RFees) in cases of conflict between them. However, the EPC is clearly the higher legal norm, and in case of conflict, by analogy with Art. 164(2) EPC 1973 (unamended in substance), the provisions of the EPC should take precedence over the provisions of the Rules relating to Fees. Also on general legal principles, the Implementing Regulations should take precedence over the Rules relating to Fees (J 7/07). See also VI.D.1.2.2, applicability of Rule 132 EPC to the Rules relating to Fees.
The EPC 2000 required a revised version of the Rules relating to Fees, which also entered into force on 13.12.2007 (see Administrative Council decision of 7.12.2006, OJ 2007, 10; also Administrative Council decision of 25.10.2007, OJ 2007, 533). Since then, further amendments have come into effect.
R. 85a and 85b EPC 1973 have been deleted in view of the extended scope of application of further processing under Art. 121 EPC. The new Art. 121 EPC broadens the scope of application of further processing and makes it the standard legel remedy in cases of failure to observe time limits in the European patent grant procedure, including for the payment of fees.