J 0015/02 of 24.11.2003

The time limits under Rule 25(2), sentence 2 and Rule 85a EPC respectively do not form one integrated period, even if, according to Decision G 3/91 (OJ EPO 1993, 008), both time limits are closely linked, because the benefit of an extension under Rule 85a EPC is only available if the prescribed surcharge is paid together with the due designation fees. In view of Opinion G 4/98 (OJ EPO 2001, 131, 147) and the different requirements for compliance with both time limits, the wording of Article 4(1) of the Decision of the Administrative Council of 13 October 1999 "Rules 15(2) and 25(2) as amended shall apply to all European patent applications in respect of which, on March 2000, the designation fees have not been validly paid and the time limit under existing Rules 15(2) and 25(2) for paying them has not yet expired" cannot be interpreted as a time limit which includes an extension under Rule 85a(2) EPC.