4.2 Deposit accounts with the EPO
4.2.3 Debiting the deposit account
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A revised version of this publication entered into force. |
Debiting occurs on the basis of an electronic debit order signed by the account holder or the authorised representative. The signature may take the form of a text string signature, a facsimile signature, an enhanced electronic signature or authentication with smart card if payment is made via Online Fee Payment or Central Fee Payment in Online services. The debit order may be a debit order for individual fees for one or more applications, i.e. a single or batch debit order, or an automatic debit order for a specific patent application (see A‑X, 4.3).
Point 5.1.1 ADA
The debit order for European patent applications must be filed in an electronically processable format (XML) via one of the following:
Point 5.1.2 ADA
Point 5.1.3 ADA
– EPO Online Filing or the EPO case management system (CMS), using EPO Forms 1001E, 1200E, 2300E or 1038E; or
–Online Filing 2.0 using EPO Forms 1001E, 1200E or 1038E; or
– Online Fee Payment in Online services; or
–Central Fee Payment in Online services.
See also the Decision of the President of the EPO dated 13 July 2021, OJ EPO 2021, A60, and the Notice from the EPO dated 13 July 2021, OJ EPO 2021, A61.
Debit orders submitted in any other way, e.g. on paper, by fax, via the WebForm Filing web-form filing service or using a different format such as a PDF attachment, are invalid and thus will not be carried out (for an exception, see A‑II, 1.5).
If any of the accepted means of filing debit orders is unavailable at the EPO on the last day for paying a particular fee, the payment period will be extended to the first day thereafter on which all such means as are available for the type of application concerned can be accessed again. Payment periods are also extended in the event of a general unavailability of electronic communication services, or other like reasons within the meaning of Rule 134(5) (see the Notice from the EPO dated 22 October 2020, OJ EPO 2020, A120 18 January 2018, OJ EPO 2018, A25).
Rule 134(1) and (5)
Point 5.5 ADA
When using the EPO's online filing services, selecting "deposit account" as the method of payment is a specific requirement when wishing to pay any selected fees.
A debit order may specify that a payment order is to be executed at a later date than the submission date. In that case, the payment date is deemed to be the execution date specified. Payment orders with a deferred execution date may be executed up to 40 days after the submission date.
Point 5.4.1 ADA
A debit order must be carried out notwithstanding incorrect information given in it, if the intention of the person giving the order is clear (see T 152/82). The EPO corrects a debit order of its own motion, for example, if there is a discrepancy between the type of fee intended to be paid and the corresponding amount due on the date of receipt of the debit order (see also A‑X, 7.1.2). The party is informed of any such correction by means of a communication from the EPO providing a two-month period for objecting to it in the event of disagreement by the party. In that case, the fee will be debited as indicated in the (erroneous) debit order or, if applicable, any corrective booking carried out will be reverted. The principles outlined above, however, do not allow the correction of a debit order by adding any fee that is not indicated in it, even if, according to the status of proceedings, that fee is due on the date of receipt of the debit order.
A debit order may be revoked in whole or in part by signed written notice from the person making the payment, preferably sent to support@epo.org by email or a contact form via the EPO website (epo.org). For a notice of revocation of the debit order to be effective, it must be received by the EPO no later than the date on which the debit order is received. This also applies in case of a deferred payment date, irrespective of the execution date specified.
Points 6.1, 6.2, 6.3
ADA
Payments via deposit account effected in Online Fee Payment and Central Fee Payment are validated, meaning that the debit order for a fee is automatically rejected if the fee falls within one of the following categories:
Point 5.3 ADA
– renewal fees and fees for the transfer of rights made in respect of patent applications for which the loss of rights or the refusal has become final;
– renewal fees for granted European patents;
– renewal fees received before the earliest valid payment dates under Rule 51(1); and
– double-payments for fees that can be paid only once in the proceedings before the EPO.
See the Decision of the President of the EPO dated 19 February 2019, OJ EPO 2019, A20, and the Decision of the President of the EPO dated 13 July 2021, OJ EPO 2021, A60.