EUROPEAN PATENT CONVENTION 1973 - Table of Contents IMPLEMENTING REGULATIONS TO THE CONVENTION ON THE GRANT OF EUROPEAN PATENTS PART VII - IMPLEMENTING REGULATIONS TO PART VII OF THE CONVENTION Chapter IV - Time limits Rule 85a - Period of grace for payment of fees

Rule 85a 122/123 Period of grace for payment of fees

Art. 90, 91, 120

(1) If the filing fee, the search fee or a designation fee has not been paid within the time limits provided for in Article 78, paragraph 2, Article 79, paragraph 2, Rule 15, paragraph 2, or Rule 25, paragraph 2, it may still be validly paid within a period of grace of one month from notification of a communication pointing out the failure to observe the time limit, provided that within this period a surcharge is paid.

(2) Designation fees in respect of which the applicant has dispensed with notification under paragraph 1 may still be validly paid within a period of grace of two months of expiry of the normal time limits referred to in paragraph 1, provided that within this period a surcharge is paid.

122 Last amended by decision of the Administrative Council of 28.06.2001 which entered into force on 02.01.2002 (OJ EPO 2001, 374 ff).

123 See opinion of the Enlarged Board of Appeal G 4/98 (Annex I) and Legal advice No. 5/93 rev. (Annex II).