6.2 Late payment of fees – period for payment considered observed
6.2.1 RequirementsFees paid by bank transfer – application of Art. 7(3) and Art. 7(4) RFees
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A revised version of this publication entered into force. |
If the a fee paid by bank transfer enters the EPO's bank account after the period in which it should have been made, the period for payment of that fee is considered to be observed if the payer provides evidence to the EPO that, within the period for payment of a given fee, they took in an EPC contracting state they fulfilled one of the following steps conditions in an EPC contracting state within the period for payment of that fee:
(i)effecting payment of the fee was effected through a banking establishment; or
(ii)giving an order was duly given to a banking establishment to transfer the amount of the payment. provided that there is a sufficient amount in the account on the date on which the time limit expires,
then they are considered to have observed the period for payment of the fee, even if the amount paid is received by the EPO after expiry of the period mentioned.
The EPO may request the person who made the payment to produce evidence, within a period to be specified by it, as to the date on which one of the conditions mentioned above was fulfilled in order for the period for payment of the fee to be considered observed.
Where the period for payment is considered observed in application of Art. 7(3) RFees and Art. 7(4) RFees, any further processing fee paid will be refunded. See A‑X, 6.2.5.