J 0023/82 (Designations-selection/insufficient fee) du 28.01.1983

I. If, for the purposes of a decision pursuant to Rule 69(2) EPC, it is necessary to check whether a payment was made in due time, it is not sufficient to determine what payment date is entered in the EDP system; for the file, copies of the documents on which the EDP coding was based must be obtained and checked.

II. If designation fees are not paid until after the start of the period of grace under Rule 85a EPC, the applicant may be assumed to have intended to pay the designation fees at the rate including the surcharge under Rule 85a EPC.

III. If, having regard to the amount of fees payable at the relevant time, the amount paid in respect of designation fees within the time limits under Article 79(2), second sentence, or Rule 85a EPC is not sufficient for all the Contracting States designated at the time of payment, the payer must be requested pursuant to Article 7(2), first sentence, of the Rules relating to Fees, to select the States he wishes to designate. Article 9(2) of the Rules relating to Fees must be applied instead of Article 7(2), second sentence, of these Rules if the payer does not comply in due time with the request made pursuant to Article 7(2), first sentence, of those Rules.