|European Case Law Identifier:||ECLI:EP:BA:2000:G000498.20001127|
|Date of decision:||27 November 2000|
|Case number:||G 0004/98|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||-|
|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
Date retrieved: 30 December 2018
41 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
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
Offical Journal of the EPO
Case Law Book: II Conditions to be met by an Application
XCLR II F 4.2.2 of fee for each designated State – case law concerning situation prior to 1 April 2009