European Patent Office

T 2406/16 (No access to account information) of 21.09.2017

European Case Law Identifier
ECLI:EP:BA:2017:T240616.20170921
Date of decision
21 September 2017
Case number
T 2406/16
Petition for review of
-
Application number
08741914.9
Language of proceedings
English
Distribution
Distributed to board chairmen (C)
OJ versions
No OJ links found
Other decisions for this case
-
Abstracts for this decision
-
Application title
DEVICE FOR HANDLING LIQUID SAMPLES
Applicant name
Amic AB
Opponent name
-
Board
3.3.05
Headnote
-
Relevant legal provisions
EPC2000_Art_108_(2007)_Sent_2EPC2000_Art_112a(4)_(2007)_Sent_3European Patent Convention Art 122(1)European Patent Convention Art 122(2)European Patent Convention R 136
Keywords
Re-establishment of rights - (no)
Re-establishment of rights - isolated mistake within a satisfactory system for monitoring time limits (no)
Re-establishment of rights - due care in dealing with assistants (no)
Appeal fee not paid - appeal deemed not to have been filed
Catchword
It now seems to be settled case law of the Boards of Appeal that an appeal where the appeal fee is paid after the two-month time limit of Article 108, first sentence, has expired is deemed not to have been filed (see grounds 4 to 4.2).

Order

For these reasons it is decided that:

1. The request for re-establishment of rights is refused.

2. The appeal is deemed to not have been filed.

3. The appeal fee is reimbursed.