J 0008/81 (Refund of fee for European search report) of 30.11.1981
- European Case Law Identifier
- ECLI:EP:BA:1981:J000881.19811130
- Date of decision
- 30 November 1981
- Case number
- J 0008/81
- Petition for review of
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- Application number
- 80303372.9
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- Caterpillar
- Opponent name
- -
- Board
- 3.1.01
- Headnote
I. A decision of the European Patent Office may be, but ought not to be, given in a document which in form appears to be merely a communication. Whether a document constitutes a decision or a communication depends on the substance of its contents, not upon its form.
II. Since the amendment of Article 10 of the Rules relating to Fees on 14 September 1979, it is not possible to refund the fee for the European search report if that report is based on an international search report prepared under the provisions of the PCT by any International Searching Authority other than the EPO.
- Relevant legal provisions
- Decision_AC/14.09.1979European Patent Convention Art 106 1973European Patent Convention Art 150(2) 1973European Patent Convention Art 150(3) 1973European Patent Convention Art 157(2)(b) 1973European Patent Convention Art 157(3)(b) 1973European Patent Convention R 68(2) 1973Patent Cooperation Treaty Art 2(vii)Rules relating to fees Art 10
- Keywords
- Form of decision
International application
International search report
Refund of fee for European search report - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that:
The appeal against the decision of the Receiving Section of the European Patent Office dated 23 April 1981 and the appalication for reimbursement of the appeal fee are dismissed.