http://www.epo.org/news-issues/news/2018/20180723.html
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23 July 2018
In accordance with Article 112(1)(b) EPC the President of the
European Patent Office has referred a point of law concerning the
interpretation of Article 108 EPC to the Enlarged Board of Appeal (case G
1/18).
The question referred is:
Lorsque la formation d’un recours et/ou la taxe de paiement ont lieu
après l’expiration du délai de deux mois prévu à l’article 108 CBE, le recours
est-il irrecevable ou réputé non formé, et la taxe de recours doit-elle être
remboursée ?
(Provisional translation of the question into English: If notice of appeal is filed and/or the appeal fee is paid after expiry of the two month time limit under Article 108 EPC, is the appeal inadmissible or is it deemed not to have been filed, and must the appeal fee be reimbursed?)
The answer of the Enlarged Board
will be of significance for the users of the European patent system as well as
for the EPO.
The question was already referred
to the Enlarged Board of Appeal by Technical Boards of Appeal in two cases:
G1/14 and G2/14, however the Board has not answered it as in G2/14 the patent
application was deemed to be withdrawn, and in G1/14 the referral was
found inadmissible.
Further information