T 1402/13 (Appeal fee/GBC METALS) of 31.05.2016
- European Case Law Identifier
- ECLI:EP:BA:2016:T140213.20160531
- Date of decision
- 31 May 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 Conditional withdrawal of appeal where renewal fee has not been paid in due time. 2016-02-25
- 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 121European Patent Convention Art 121(3)European Patent Convention Art 67(4)European Patent Convention Art 86(1)European Patent Convention Art 86(3) 1973European Patent Convention Art 94(3) 1973European Patent Convention R 103(1)(b)European Patent Convention R 103(2)European Patent Convention R 51(1)European Patent Convention R 51(2)Paris Convention Art 5aRules of procedure of the Boards of Appeal Art 20(2)Vienna Convention on the Law of Treaties (1986) Art 31(1)Vienna Convention on the Law of Treaties (1986) Art 32
- Keywords
- Reimbursement of appeal fee - (no)
- Catchword
- 1. Whereas under Article 86(3) EPC 1973 loss of rights did not occur before the additional period of six months had elapsed, under the present Article 86(1) EPC loss of rights ensues upon expiry of the normal due date unless use is made of the remedy available under Rule 51(2) EPC (Reasons 4 to 4.6).
2. Under Rule 103(1)(b) and (2) EPC the termination of appeal proceedings caused by a loss of rights due to the non-payment of renewal fees cannot be equated to a declaration of withdrawal of the appeal (Reasons 5 to 5.6).
3. In order to claim entitlement to reimbursement under Rule 103(2) EPC, the appellant is required, at a time when its application is still pending, to make a procedural declaration that leaves no doubt that withdrawal of the appeal is intended (Reasons 6).
Order
For these reasons it is decided that:
The request for partial refund of the appeal fee is rejected.