| European Case Law Identifier: | ECLI:EP:BA:1991:J000491.19911022 | ||||||||
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| Date of decision: | 22 October 1991 | ||||||||
| Case number: | J 0004/91 | ||||||||
| Application number: | 87301564.8 | ||||||||
| IPC class: | - | ||||||||
| Language of proceedings: | DE | ||||||||
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| Title of application: | - | ||||||||
| Applicant name: | Ahmad et al. | ||||||||
| Opponent name: | - | ||||||||
| Board: | 3.1.01 | ||||||||
| Headnote: | 1. When calculating the six-month period for the payment of a renewal fee with additional fee under Article 86(2) EPC, Rule 83(4) EPC should be applied mutatis mutandis in the light of Rule 37(1), first sentence, EPC. This means that the six-month period does not end on the day of the subsequent sixth month corresponding "in number" to the due date according to Rule 37(1), first sentence, EPC, but on the day which is equivalent to this due date by virtue of its being "the last day of the month". For the purposes of calculating the additional period under Article 86(2) EPC, therefore, Rule 83(4) EPC, in the context of Rule 37(1), first sentence, EPC, results in a period running "from the last day of the month to the last day of the month". (Decision diverges from J 31/89 of 31 October 1989 - not published). 2. Legal Advice No. 5/80, "Calculation of aggregate time limits" (OJ EPO 1980, 149), is not applicable to the start of the additional period under Article 86(2) EPC. This means that the period starts on the last day of the month referred to in Rule 37(1), first sentence, EPC, even in the circumstances described in Rule 85(1), (2) and (4) EPC. It follows that the occurrence of such circumstances at the beginning of the period does not result in the end of the period being postponed beyond the end of the sixth month and into the seventh month. |
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| Keywords: | Additional period for renewal fee - calculation Legal Advice No. 5/80 not applicable to Article 86(2) EPC |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/j910004ep1.html
Date retrieved: 17 May 2021
27 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines Foreword
EPO Guidelines - A Formalities 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, A38 - Notice from the European Patent Office dated 30 March 2020 concerning the extension of periods for the payment of fees
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)
XOJ EPO 2016, A39 - Decision of the Select Committee of the Administrative Council of 15 December 2015 adopting the Rules relating to Unitary Patent Protection ( SC/D 1/15 )