J 0002/78 (Non-payment of the fee for appeal) of 1.3.1979

European Case Law Identifier: ECLI:EP:BA:1979:J000278.19790301
Date of decision: 01 March 1979
Case number: J 0002/78
Application number: 78100086.4
IPC class: -
Language of proceedings: DE
Download and more information:
Decision text in EN (PDF, 135 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: -
Applicant name: not published
Opponent name: -
Board: 3.1.01
Headnote: If it is found that, due to non-payment of the fee for appeal, an appeal is not deemed to have been filed and this fact has been communicated by the clerk of the Board of Appeal to the applicant, the Board of Appeal will take a decision on the matter upon application.
Relevant legal provisions:
European Patent Convention 1973 Art 108 Sent 2
European Patent Convention 1973 R 69(2)
Keywords: Appeal fee/non payment


Cited decisions:
Citing decisions:
G 0001/18
T 2017/12
T 1954/13

Summary of Facts and Submissions

A decision of the Receiving Section found that European patent application no. 78100086.4 was deemed to be withdrawn due to non-payment of the filing and search fees. This decision was appealed and a statement of the grounds of appeal was filed, in due form and in due time. However, the appellant did not pay the fee for appeal and submitted a certificate of lack of means. The clerk of the Legal Board of Appeal then wrote to the appellant informing him that, pursuant to Article 108, second sentence, EPC, the appeal was deemed not to have been filed. The appellant replied stating that he considered the finding incorrect and unacceptable. The Board of Appeal considered this to be an application for a review of the finding, under the terms of Rule 69(2) EPC. In its decision it confirmed that the appeal against the decision of the Receiving Section of the European Patent Office must be deemed not to have been filed.

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