J 0011/85 (Small amount lacking) of 23.10.1985

European Case Law Identifier: ECLI:EP:BA:1985:J001185.19851023
Date of decision: 23 October 1985
Case number: J 0011/85
Application number: 82903242.4
IPC class: -
Language of proceedings: DE
Distribution:
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Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: DE | EN | FR
Versions: OJ
Title of application: -
Applicant name: Ikaplast
Opponent name: -
Board: 3.1.01
Headnote: 1. Where an amount paid jointly in respect of several fees is insufficient, the question of whether the amount lacking is small within the meaning of Article 9(1), fourth sentence, of the Rules relating to Fees, must be resolved by reference to the total fee amount.
2. Application of Article 9(1), fourth sentence, of the Rules relating to Fees is not precluded by dint of the fact that the danger of a legal disadvantage resulting from insufficient payment of fees could be obviated by grant of re-establishment of rights or payment in due time of a surcharge.
3. An underpayment of about 10% may as a rule be considered as a small amount.
Relevant legal provisions:
European Patent Convention 1973 Art 122
European Patent Convention 1973 R 85b
Rules relating to fees Art 9(1)
Keywords: Small amount lacking in fee payment
Fee payment/small amount lacking
Catchwords:

-

Cited decisions:
-
Citing decisions:
J 0027/92
J 0027/94
J 0002/97
T 0277/90
T 0451/90
T 0801/91
T 0748/93
T 0161/96
T 0343/02
T 1198/03

Source: http://www.epo.org/law-practice/case-law-appeals/recent/j850011ep1.html

Date retrieved: 17 May 2021

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