5 Dec 2016

R 0004/15 - Late paid fee is refunded

Key points

  • In this petition for review case, the three-member Enlarged Board finds that the fee for the petition for review was paid out of time (too late), that the petition for review is deemed not to have been filed, and that the paid amount is to be refunded. 
  • Note that the Board in the final decision T 1533/13 (the remittal after inadmissibel G 1/14) follows this.



EPO R 0004/15 -  link


Conclusions
10. From the above, the Enlarged Board concludes that the fee for petition for review was paid out of time.
11. It therefore unanimously decides that the petition for review is deemed not to have been filed.
12. In the absence of a petition for review, there is no legal basis for paying the fee involved, which must therefore be reimbursed.

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