J 0012/84 (Restitutio in integrum) of 25.01.1985
- European Case Law Identifier
- ECLI:EP:BA:1985:J001284.19850125
- Date of decision
- 25 January 1985
- Case number
- J 0012/84
- Petition for review of
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- Application number
- 80200114.9
- 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
- -
- Applicant name
- PROWECO
- Opponent name
- -
- Board
- 3.1.01
- Headnote
1. The applicant must ensure that renewal fees for European patent applications are paid in time irrespective of whether the letter, sent by the EPO (without obligation) after expiry of the time limit for payment laid down in Rule 37(1) EPC and drawing attention to the fact that the fee may still be paid with an additional fee under Article 86(2) EPC, has or has not been received.
2. An applicant who relies only on the above-mentioned letter from the EPO may not have his rights re-established in respect of the time limit pursuant to Article 86(2) EPC.
- Relevant legal provisions
- European Patent Convention Art 122(1) 1973European Patent Convention Art 86(2) 1973European Patent Convention Art 86(3) 1973European Patent Convention R 37 1973
- Keywords
- Restitutio in integrum
Renewal fee/time limit for payment
Voluntary service of the EPO - Catchword
- -
- Cited cases
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ORDER
For these reasons, it is decided that:
The appeal against the Decision of the Formalities Section of the European Patent Office dated 19 January 1984 is rejected.