T 0480/21 (Failure of debit order / Australian Nuclear Science and Technology) of 19.01.2024
- European Case Law Identifier
- ECLI:EP:BA:2024:T048021.20240119
- Date of decision
- 19 January 2024
- Case number
- T 0480/21
- Petition for review of
- -
- Application number
- 11866858.1
- 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
- Abstract on EPC2000 Art 099(1)
- Application title
- FILLING DEVICES, SYSTEMS AND METHODS FOR TRANSFERRING HAZARDOUS WASTE MATERIAL INTO A SEALABLE CONTAINER
- Applicant name
- AUSTRALIAN NUCLEAR SCIENCE AND
TECHNOLOGY ORGANISATION - Opponent name
- Finnegan Europe LLP
- Board
- 3.4.01
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 112(1)(a)European Patent Convention Art 99(1)European Patent Convention R 134(5)Point 5(5) Arrangements for Deposit Accounts (ADA)Rules of procedure of the Boards of Appeal 2020 Art 013Rules relating to fees Art 5
- Keywords
- Extension of payment period - (yes); Opposition deemed to have been filed - (yes)
Referral to the Enlarged Board of Appeal - admitted, not allowed - Catchword
- 1. Extension of the period for paying the opposition fee was provided under point 5.5 ADA. The evidence strongly suggested that the inability to file the debit order was due to a malfunction of the EPO's Online Filing software, which, in this case, was attributable to the EPO.
2. The request for referral to the Enlarged Board of Appeal posed questions on issues that are part of the appeal case. Hence, the request was not an amendment to the appeal case. - Cited cases
- T 0858/18
- Citing cases
- -
Order
For these reasons it is decided that:
- The decision under appeal is set aside.
- The Board admits the request to submit three questions to the Enlarged Board, filed at the oral proceedings, into the proceedings.
- The Board declines to refer these three questions to the Enlarged Board.
- The opposition is considered to be filed in time.
- The case is remitted to the Opposition Division for further prosecution.