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G 4/98

Designation fees

 

”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”

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.

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G 2/95

Replacement of application documents / ATOTECH

 

“Substitution of complete documents forming an application by other documents by way of a correction under Rule 88 EPC (no)”

The point of law referred to the Enlarged Board of Appeal is to be answered as follows:

 

 The complete documents forming a European patent application, that is the description, claims and drawings, cannot be replaced by way of a correction under Rule 88 EPC by other documents which the applicants had intended to file with their request for grant.

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