J 0011/86 of 06.08.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:J001186.19860806
- Date of decision
- 6 August 1986
- Case number
- J 0011/86
- Petition for review of
- -
- Application number
- 85304874.2
- IPC class
- -
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Process for reducing the nitrate content in water
- Applicant name
- Solt G.S., Klapwijk A.
- Opponent name
- -
- Board
- 3.1.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 122(5) 1973European Patent Convention Art 78(2) 1973European Patent Convention Art 79(2) 1973European Patent Convention Art 90 1973European Patent Convention Art 91 1973European Patent Convention R 85a 1973
- Keywords
- Filing, search, designation fees not paid in due time
Deficiency not correctable
Reminders from EPO
Restitutio not possible - Catchword
- A European patent application for which no filing, search and designation fees were paid in due time shall be deemed to be withdrawn (Art. 90(3), 91(4) EPC). The non-payment of these fees is not a correctable deficiency under Art. 91(2) EPC, which the EPO has to give the applicant an opportunity to correct. Thus, the appellants cannot derive any right from the non-issuance of a reminder by the EPO and restitutio in integrum is excluded by Art. 122(5) EPC whether or not such reminder has been sent.
- Citing cases
- J 0010/05
ORDER
For these reasons,
it is ordered that
the appeal against the decision of the Receiving Section of the European Patent Office dated 12 February 1986 is dismissed.