1.2.2 Applicability of Rule 132 EPC to the Rules relating to Fees

In case J 7/07 the Receiving Section had given the appellant a period of one month to submit evidence and pay the surcharge under Art. 8(4) RFees (now Art. 7(4) RFees). The appellant argued that this one-month time limit was too short and amounted to a substantial procedural violation as it was not in compliance with R. 84 EPC 1973. Though R. 84 EPC 1973 referred only to the Convention and the Implementing Regulations, the board concluded that R. 84 EPC 1973 applied to the time limit in the then Art. 8(4) RFees.

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