| European Case Law Identifier: | ECLI:EP:BA:2000:G000498.20001127 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 27 November 2000 | ||||||||
| Case number: | G 0004/98 | ||||||||
| Application number: | - | ||||||||
| IPC class: | - | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | - | ||||||||
| Applicant name: | - | ||||||||
| Opponent name: | - | ||||||||
| Board: | EBA | ||||||||
| Headnote: | I. Without prejudice to Article 67(4) EPC, the designation of a Contracting State party to the EPC in a European patent application does not retroactively lose its legal effect and is not deemed never to have taken place if the relevant designation fee has not been paid within the applicable time limit. II. The deemed withdrawal of the designation of a Contracting State provided for in Article 91(4) EPC takes effect upon expiry of the time limits mentioned in Article 79(2), Rules 15(2), 25(2) and 107(1) EPC, as applicable, and not upon expiry of the period of grace provided by Rule 85a EPC. |
||||||||
| Relevant legal provisions: | |||||||||
| Keywords: | Failure to pay designation fees No retroactive effect of deemed withdrawal except for Article 67 EPC Deemed withdrawal takes effect upon expiry of the time limit for payment of designation fees |
||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: | |||||||||
Source: http://www.epo.org/law-practice/case-law-appeals/recent/g980004ex1.html
Date retrieved: 17 May 2021
54 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase
EPO Guidelines - A Formalities Examination
EPO Guidelines - C Procedureal Aspects of Substantive Examination
Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO 2020, A104 - Interlocutory Decision of Technical Board of Appeal 3.3.01 dated 7 February 2019 - T 318/14
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)
Case Law Book: II Conditions to be met by an Application
XCLR II F 3.5.7 Pendency in case of deemed withdrawal of earlier application and no reaction to loss of rights communication under Rule 112(1) EPC
XCLR II F 4.2.2 Payment of fee for each designated State – case law concerning situation prior to 1 April 2009