ADMINISTRATIVE COUNCIL
Decisions of the Administrative Council
Decision of the Administrative Council dated 5 December 1986 amending Rule 37 of 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(b), thereof, on a proposal from the President of the European Patent Office, having heard the opinion of the Budget and Finance Committee,
HAS DECIDED AS FOLLOWS:
Article 1
Rule 37 of the Implementing Regulations shall be amended as follows:
1) deletion of the third sentence of paragraph 1 1 and of paragraph 2 2,3;
2) paragraph 2a to become paragraph 2.
Article 2
The President of the European Patent Office shall forward a certified copy of this Decision to all signatory States to the Convention and to the States which accede thereto.
Article 3
This decision shall enter into force on 5 December 1986
Done at Munich, 5 December 1986
For the Administrative Council
The Chairman
O. LEBERL
1 Renewal fee prepayments will become simpler as a result of the deletion of Rule 37(1), third sentence, EPC. From now on the amount of a renewal fee, even when prepaid, will be determined, as with all other fees, by the date of payment and no longer by the date on which the fee falls due. In future, it will not be necessary to make any additional payment when an admissible prepayment has been effected and the due date fells after a fee increase.
2 The deletion of the former Rule 37(2) EPC will mean improvements where, following a fee increase, the previous renewal fee rate is paid. As with all other types of fee, the transitional regulation laid down by the Administrative Council of the European Patent Organisation when It increases fees will also apply to renewal fees. The advantages to applicants are firstly that the transitional period is longer and secondly that Instead of the statutory time limit applying previously a time limit is set with the payment request.
3 As a result of the amendment of Rule 37 EPC the transitional difficulties encountered when paying renewal fees following a fee increase, as explained in the information concerning the1985 fee Increase (cf. OJ EPO 12/1984, p. 616), will disappear.