T 0161/96 (Underpayment of opposition fee/NOVO NORDISK) vom 03.11.1997

I. The requirements in connection with the principle of good faith to be observed by the EPO are the same vis-à-vis all parties involved in proceedings before the EPO, be they applicants, patent proprietors or opponents.

II. In case it is assumed that even an underpayment of the opposition fee, which is solely due to a deficiency within the area of responsibility of the opponent concerned, may give rise to an obligation by the EPO to warn the opponent of the impending loss of rights, the requirements for the very existence of such an obligation imply that (i) the formalities officer of the opposition division receives a payment sheet, indicating said underpayment, from the cash and accounts department within the opposition period, that (ii) the payment of the lacking amount by the opponent on his own initiative before the end of the opposition period must objectively be excluded, and that (iii) the opponent can still pay the lacking amount within the opposition period.