J 0009/84 (Claims fees) of 30.04.1985
- European Case Law Identifier
- ECLI:EP:BA:1985:J000984.19850430
- Date of decision
- 30 April 1985
- Case number
- J 0009/84
- Petition for review of
- -
- Application number
- 82903420.6
- 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
- -
- Applicant name
- Burgess
- Opponent name
- -
- Board
- 3.1.01
- Headnote
Rule 31(1) EPC is to be interpreted as meaning that claims numbered 1 to 10 upon filing of the European patent application - or transmittal to the European Patent Office of the international application under the PCT - are exempt from fees, and that claims numbered 11 onwards are not. Accordingly, abandoning a fee-exempt claim after filing - or transmittal - does not have the effect that its fee exemption is transferred to another claim.
- Relevant legal provisions
- European Patent Convention R 31 1973Patent Cooperation Treaty Art 19Patent Cooperation Treaty Art 20Patent Cooperation Treaty Art 22Patent Cooperation Treaty Art 39Vienna Convention on the Law of Treaties (1969) Art 31Vienna Convention on the Law of Treaties (1969) Art 32
- Keywords
- Claims fees
Claims fees/allocation of
Abandonment of claims
Claims/abandonment - Catchword
- -
- Cited cases
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ORDER
For these reasons, it is decided that:
1. The appeal against the decision of the Receiving Section of 13 March 1984 is dismissed.
2. The request for reimbursement of the fee for appeal is refused.