T 0152/85 (Unpaid opposition fee) of 28.05.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:T015285.19860528
- Date of decision
- 28 May 1986
- Case number
- T 0152/85
- Petition for review of
- -
- Application number
- 80850012.8
- IPC class
- B23B 13/04
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
- -
- Applicant name
- Sandvik
- Opponent name
- -
- Board
- 3.2.01
- Headnote
1. Failure to pay a fee within a required time limit, when payment was intended, is a mistake of fact which cannot be corrected under Rule 88 EPC, first sentence.
2. Before the EPO can appropriate funds from a particular deposit account in payment of a fee, it must be possible to derive a clear and unambiguous intention to pay that fee from a particular identified deposit account.
3. Where responsibilities for deciding whether to carry out an act such as payment of a fee within a time limit lies with a person, there is no obligation upon the EPO to remind the person prior to expiry of the time limit, even when the person holds a deposit account with the EPO.
- Relevant legal provisions
- ADA (Arrangements for deposit accounts)European Patent Convention Art 122(1) 1973European Patent Convention Art 99(1) 1973European Patent Convention R 88 1973
- Keywords
- Opposition fee not paid and not referred to
Correction of factual mistake
Debit order - appraisal of circumstances - Catchword
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- Cited cases
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ORDER
For these reasons, it is decided that :
The appeal against the Decision of the Formalities Section of the