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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART A GUIDELINES FOR FORMALITIES EXAMINATION General Part PART B  
CHAPTER XI FEES CHAPTER X DRAWINGS CHAPTER XII INSPECTION OF FILES; COMMUNICATION OF INFORMATION CONTAINED IN FILES; CONSULTATION OF THE REGISTER OF EUROPEAN PATENTS; ISSUANCE OF CERTIFIED COPIES  
6. Payment in due time 5. Due date for fees 7. Purpose of payment  
6.2 Ten-day fail-safe arrangement 6.1 Basic principle    
6.2.5 Amount of fee payable 6.2.4 Payment of fee at the normal fee rate 6.2.6 Noting of loss of rights  

6.2.5

Amount of fee payable

 

As noted in XI, 5.1.2, the amount of fee payable is always that applying on the date of payment (see also the transitional provisions in the Administrative Council decisions revising fees). The payer cannot therefore in this respect seek to rely on the ten-day fail-safe arrangement in order to benefit from an old amount, arguing that he gave instructions for payment before the entry into force of the new amount of fee (see J 18/85, OJ 8/1987, 356); Art. 7(3) and (4) RFees protects the applicant in the event of late payment from the legal consequences of expiry of the payment period, but not from the obligation to make up any differences resulting from an increase in the amount of fee in the meantime.

 


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