Article 3

ADMINISTRATIVE COUNCIL

Decision of the Administrative Council of 12 December 2018 amending Article 2 of the Rules relating to Fees (CA/D 11/18)

THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,

Having regard to the European Patent Convention and in particular Article 33(2)(d) thereof,

On a proposal from the President of the European Patent Office,

HAS DECIDED AS FOLLOWS:

Article 1

The following new paragraph 4 shall be inserted into Article 2 of the Rules relating to Fees:

"(4) Fee levels which relate to the use of a means of electronic communication or a format referred to in Article 2, paragraphs 1 and 2, shall not apply until a date set by the President of the Office."

Article 2

The following fee levels are considered to fall under Article 1 of this decision: Article 2, paragraph 1, items 1(i), 7(i) and (ii), second indent, and 18, first indent, and paragraph 2, item 7.1(i) and (ii), second indent, of the Rules relating to Fees.

Consequently, Article 2, paragraph 1, item 7(ii), first indent, and paragraph 2, item 7.1(ii), first indent, of the Rules relating to Fees shall apply until the date set by the President of the Office for paragraph 1, item 7(i) and (ii), second indent, and paragraph 2, item 7.1(i) and (ii), second indent.

Article 3

If within six months of 1 April 2019 a fee is paid in due time but only in the amount applied before 1 April 2019, that fee shall be deemed to have been validly paid if the deficit is made good within two months of an invitation to that effect from the European Patent Office.

Article 4

This decision shall enter into force on 1 April 2019.

Done at Munich, 12 December 2018

For the Administrative Council

The Deputy Chairman

Josef KRATOCHVÍL