European Patent Office

J 0001/85 (Payment by check) of 20.02.1985

European Case Law Identifier
ECLI:EP:BA:1985:J000185.19850220
Date of decision
20 February 1985
Case number
J 0001/85
Petition for review of
-
Application number
82300694.5
IPC class
-
Language of proceedings
English
Distribution
Published in the EPO's Official Journal (A)
Other decisions for this case
-
Abstracts for this decision
-
Application title
-
Applicant name
Westinghouse
Opponent name
-
Board
3.1.01
Headnote

If a fee due to the Office is paid by cheque to a bank account held by the European Patent Organisation and the amount of the payment is entered in the bank account "under the usual reserve", before the cheque has been presented for payment, the date of that entry in the bank account can be considered as the date of payment, provided that the cheque is subsequently met.

Relevant legal provisions
Rules relating to fees Art 5(1)(d)Rules relating to fees Art 8(1)(a)Rules relating to fees Art 8(1)(c)
Keywords
payment by check
Catchword
-
Cited cases
-
Citing cases
J 0011/12T 0553/25

Order

For these reasons, it is decided that:

1. The decision of the Head of Formalities Section of Directorate General 2 dated 3 July 1984 is set aside.

2. It is declared that European patent application No. 82300694.5 is not deemed to have been withdrawn in accordance with the provisions of Article 94(3) EPC.

3. Reimbursement of the fee for re-establishment of rights is ordered.