J 0018/85 (Slag discharge) of 4.11.1986 | XEPC: EPC and PCT resource

European Case Law Identifier:

ECLI:EP:BA:1986:J001885.19861104

Date of decision:

04 November 1986

Case number:

J 0018/85

Application number:

84115331.5

IPC class:

F23J 1/02

Language of proceedings:

Distribution:

Download and more information:

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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:

Ofenbau

Opponent name:

Board:

3.1.01

Headnote:

1. The provision of Article 8(3) RFees known as the "ten-day-rule", whereby a payment is deemed to have been made within the required period if the person making the payment can show that he arranged for payment ten days prior to expiry of the period concerned does not apply to key dates after which payments reaching the EPO are affected by an increase in fees or a change in their currency equivalents.
2. If the authoritative decisions of the Administrative Council of the European Patent Organisation designate the date on which the payment is received and not that on which payment falls due as the key date, or if in so designating the date for payment it does not leave scope for the ten-day rule to be applied, there can be no objection under Article 164(2) EPC.

Relevant legal provisions:

European Patent Convention 1973 Art 164(2)
European Patent Convention 1973 R 67
Rules relating to fees Art 8(3)
Decision AC of 8.6.1984 revising fees Art 002
Decision AC of 8.6.1984 revising fees Art 003

Keywords:

Key date/increase in fees
Increase in fees/key date
Ten-day rule
Compatibility with EPC

Catchwords:

Cited decisions:

Citing decisions:

Source: http://www.epo.org/law-practice/case-law-appeals/recent/j850018ep1.html

Date retrieved: 17 May 2021