J 0002/78 (Non-payment of the fee for appeal) 01-03-1979
A decision of the Receiving Section found that European patent application no. 78100086.4 was deemed to be withdrawn due to non-payment of the filing and search fees. This decision was appealed and a statement of the grounds of appeal was filed, in due form and in due time. However, the appellant did not pay the fee for appeal and submitted a certificate of lack of means. The clerk of the Legal Board of Appeal then wrote to the appellant informing him that, pursuant to Article 108, second sentence, EPC, the appeal was deemed not to have been filed. The appellant replied stating that he considered the finding incorrect and unacceptable. The Board of Appeal considered this to be an application for a review of the finding, under the terms of Rule 69(2) EPC. In its decision it confirmed that the appeal against the decision of the Receiving Section of the European Patent Office must be deemed not to have been filed.