ADMINISTRATIVE COUNCIL
Decisions of the Administrative Council
Decision of the Administrative Council of November 30, 1979 on the inclusion of a Rule 85a in the Implementing Regulations to the European Patent Convention
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION
Having regard to the European Patent Convention (hereinafter referred to as the "Convention"), and in particular Article 33, paragraph 1 (a) and (b) thereof,
On a proposal from the President of the European Patent Office,
HAS DECIDED AS FOLLOWS:
Article 1
A Rule 85a, reading as follows, shall be incorporated in the Implementing Regulations:
Extension of time limits for payment of fees
If the filing fee, the search fee or a designation fee have not been paid within the time limits provided for in Article 78, paragraph 2, Article 79, paragraph 2, Rule 15, paragraph 2, or Rule 25, paragraph 3, they may still be validly paid within a period of grace of two months after expiry of the time limit, provided that within this period a surcharge is paid.
Article 2
Rule 85a of the Implementing Regulations shall apply to all cases in which establishment of a loss of rights has not yet become final on the date of the entry into force of the present Decision, it being understood that the period of grace provided for in this Rule begins as from that date.
Article 3
The President of the European Patent Office shall transmit a certified copy of this Decision to the signatory States to the Convention and to the States which accede thereto.
Article 4
This Decision shall enter into force on 30 November 1979.
Done at Munich, 30 November 1979.
For the Administrative Council
The Chairman
G. Vianès