Annex B to the ADA - Arrangements for debiting deposit accounts by diskette1
CONTENTS
1. General provisions
2. Authorisation
3. Debiting the deposit account
4. Statements of account
5. Revocation of authorisation
Appendix 1: Data support specifications for payment of fees using diskettes
Appendix 2: Particulars to be supplied in the batch debit order
1. General provisions
Unless otherwise stated below, the Arrangements for deposit accounts2 shall apply to the use of diskettes for debiting deposit accounts.
2. Authorisation
2.1 Holders of deposit accounts may be authorised to use diskettes for debiting the account. The data carrier specifications prescribed by the EPO are given in Annex 1. The EPO reserves the right to amend the data carrier specifications; users shall be notified in writing of any amendments in good time and they shall be published in the Official Journal of the EPO.
2.2 Account holders must submit a signed application to be authorised to use this mode of payment. This method only becomes appropriate when on average 75 payments per diskette are made. Authorisation shall be given only after a trial run using a test diskette has been successfully completed.
3. Debiting the deposit account
3.1 Diskettes may be used only to pay fees for European patent applications or international applications being processed by the EPO as designated or elected Office, and only if the European or the international patent application number is quoted3.
3.2 A deposit account can only be debited on the basis of a diskette, prepared in accordance with the data carrier specifications, and of a batch debit order containing the details specified in Annex 2.
3.3 Payments by authorised users shall be considered to have been made to the EPO on the date on which the diskette, assuming it is processible, and the batch debit order are received at the Office, provided there are sufficient funds in the account to cover the total debit.
3.4 If the diskette proves to be unreadable or if the data on the diskette does not tally with the particulars in the batch debit order, the EPO shall advise by telex or facsimile the contact person named in the debit order.
3.5 If the application number given is implausible or the type of fee is not specified or not known, the user shall receive a printout of the payment concerned and he shall be requested to advise the EPO of the precise purpose of the payment within a period to be specified by the Office. In accordance with Article 7, paragraph 2, of the Rules Relating to Fees, should he fail to comply with this request within the period specified, the payment shall be considered not to have been made.
3.6 If funds in the deposit account suffice to cover only part of the sums to be debited, fees shall be debited in ascending order of application number until the funds are exhausted. The EPO shall advise by telex or facsimile the contact person named in the batch debit order.
3.7 If within one month of receipt of the telex or of the facsimile provided for in point 3.6 the deposit account is sufficiently replenished to enable the fee and the administrative fee provided for in point 3.8 to be debited, the date of receipt of the batch debit order and of the diskette shall be deemed to be the date on which payment was effected.
3.8 The administrative fee shall be 5% of the amount not covered by the account, but shall not be less than euro 153 or more than euro 766.
4. Statements of account
4.1 The account holder shall receive several statements of account during the month.To enable the EPO to check any discrepancies in the statement of account complained of by the user, the processed diskettes will not be returned until two months after the date of receipt. After two months have elapsed, complaints shall no longer be considered and the contents of the statement of account shall be deemed approved by the user.
4.2 Upon request, users can be supplied with a printout of the fees debited immediately after the debit has been effected.
5. Revocation of authorisation
If debits to the deposit account using diskettes repeatedly lead to problems, the EPO may revoke its authorisation. Any payments made in this way after one month has elapsed from delivery of the decision to revoke authorisation shall be deemed not to have been effected.
The provisions to be applied include in particular point 6.8 of the Arrangements for deposit accounts, under which a payment will be deemed to have been made on time if evidence is provided to the Office that the person who made the payment despatched at the post office within the territory of a Contracting State, within the period within the payment should have been made, a package bearing the address of the EPO containing the diskette and the batch debit order. Considering the sums at stake in diskette transactions and their importance, users are strongly advised to observe the ten-day fail-safe arrangement.
1 See also OJ EPO 1999, Suppl. to No. 2/99, transitional provisions on pp. 5 - 6.
2 The provisions to be applied include in particular point 6.8 of the Arrangements for deposit accounts, under which a payment will be deemed to have been made on time if evidence is provided to the Office that the person who made the payment despatched at the post office within the territory of a contracting state, within whichthe period within the payment should have been made, a package bearing the address of the EPO containing the diskette and the batch debit order. Considering the sums at stake in diskette transactions and their importance, users are strongly advised to observe the ten-day fail-safe arrangement.
3 The European or the international patent application number is required under the data carrier specifications. Payments cannot be processed without it.