T 1402/13 (Conditional withdrawal of appeal where renewal fee has not been paid in due time.) of 25.02.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T140213.20160225
- Date of decision
- 25 February 2016
- Case number
- T 1402/13
- Petition for review of
- -
- Application number
- 04782625.0
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- T 1402/13 Appeal fee/GBC METALS 2016-05-31
- Abstracts for this decision
- -
- Application title
- CHROMIUM-FREE ANTITARNISH ADHESION PROMOTING TREATMENT COMPOSITION
- Applicant name
- GBC Metals, LLC
- Opponent name
- -
- Board
- 3.3.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 108European Patent Convention Art 110European Patent Convention Art 86(1)European Patent Convention R 103(1)(b)European Patent Convention R 103(2)
- Keywords
- Appeal decision - withdrawal of appeal
Loss of rights - non-payment of the renewal fee
Reimbursement of appeal fee - withdrawal of appeal - Catchword
- 1. Whereas a conditional appeal is not possible, the conditional withdrawal of an appeal may be valid.
2. If a loss of rights due to the non-payment of a renewal fee has occurred and has not been remedied, a withdrawal of the appeal can neither be effective nor lead to a (partial) reimbursement of the appeal fee.
Order
For these reasons it is decided that:
The request for a (partial) reimbursement of the appeal fee, dated 18 February 2016, is refused.