CLR V A 9.3 Appeal deemed not to have been filed or inadmissible appeal

For the issue of reimbursement of the appeal fee the distinction between an appeal not deemed to have been filed and an inadmissible appeal is relevant. When the appeal is deemed not to have been filed the appeal fee must be reimbursed since the purpose of this fee cannot be achieved. On the contrary, when an appeal is inadmissible it is in principle not possible to repay the appeal fee (T 445/98).

9.3.1 Appeal deemed not to have been filed due to late payment of the appeal fee
9.3.2 Notice of appeal not filed in due time but appeal fee paid within 2 month period
9.3.3 Appeal inadmissible
9.3.4 Inadmissible or deemed not to be filed – diverging case law and G 1/18
9.3.5 Translation of notice of appeal
9.3.6 No legal ground for payment
9.3.7 Reimbursement of the appeal fee in case of a request for re-establishment
9.3.8 No legal basis for retaining appeal fee in case of intervention in opposition appeal proceedings
9.3.9 Several appellants

Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_v_a_9_3.htm

Date retrieved: 17 May 2021

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Offical Journal of the EPO

Case Law Book: V Priority

General Case Law