Pages 7-12

Arrangements for deposit accounts (ADA)¹

CONTENTS

1. General provisions

2. Formalities for the opening of a deposit account

3. Administration of the deposit accounts

4. Servicing of the deposit account

5. Conditions of operation of the deposit account

6. Debiting the deposit account

7. Automatic debiting procedure

8. Closure of the deposit account

9. Use of diskettes for debiting deposit accounts

10. Debiting of annual subscriptions of members of the Institute of Professional Representatives before the European Patent Office

1. General provisions

Under Article 5, paragraph 2, of its Rules relating to Fees, the EPO has decided to open, in the name of any natural or legal person, or any body equivalent to a legal person by virtue of its relevant law, who so desires, deposit accounts for the settlement of the fees payable under the Rules.

These accounts can also be used for the payment of the costs of other services provided by the EPO.

2. Formalities for the opening of a deposit account

2.1 In order to open a deposit account, a signed request for the opening of an account must be filed together with the payment of an initial deposit.

2.2 The request for the opening of an account must be sent to the following address:

European Patent Office

Treasury and Accounts Directorate

D-80298 Munich

It must contain all the necessary particulars of the identity, occupation and address of the person in whose name the account is to be opened.

2.3 The amount of the initial deposit should be determined by the person making the request in the light of his requirements and his schedule for replenishing the account in question.

3. Administration of the deposit accounts

The deposit accounts will be kept in euro only at the headquarters of the EPO in Munich.

4. Servicing of the deposit account

The payment of the initial deposit and subsequent payments replenishing the account must in principle be effected in euro. If they are effected in a currency other than the euro, they will be accepted provided that the currency in question is freely convertible into euro and the amount of the payment will then be converted, for entry on the deposit account, into euro at the rate of exchange obtained or, where payment has been made into one of the accounts opened in the name of the EPO in countries other than the Federal Republic of Germany, the rate of exchange pertaining on the day on which that account is credited.

5. Conditions of operation of the deposit account

5.1 As soon as a deposit account has been opened, its number will be communicated to the holder who must mention it when making payments.

5.2 The deposit account holder must take measures in good time to ensure that the account is in credit at all times. Article 8, paragraphs 1 and 3, of the Rules relating to Fees will apply mutatis mutandis to payments serving to replenish the deposit account.

5.3 Debit entries shall be shown in the deposit account in chronological sequence of receipt by the EPO of the orders, having regard, in the case of an order concerning a number of transactions, to the sequence of entries on that document.

5.4 The holder of the deposit account will receive each month several detailed statements of the transactions recorded in respect of the account. He must immediately inform the EPO of any error which he may find when comparing the statement with his own records.

5.5 Account holders can obtain up-to-date information on the balance of their deposit account on-line via the EPO's EPIDOS Register (see OJ EPO 1997, 576). To apply for this service, they should write to:

European Patent Office

Vienna sub-office

EPIDOS Register helpdesk

Schottenfeldgasse 29

A-1072 Vienna

and include their user identification, EPO deposit account number and, if required, an additional password.

6. Debiting the deposit account

6.1 Subject to point 10, the deposit account may only be debited for payment of fees or costs payable to the EPO in respect of publications and services.

6.2 Deposit accounts may either be debited on the basis of a debit order made out in writing and signed by the account holder or else transmitted by telegram, telex or facsimile, in which case written confirmation is not required.

6.3 The debit order must contain the particulars necessary to identify the purpose of the payment and must indicate the number of the account which is to be debited. Upon receipt by the EPO, the debit order will be stamped with the date of receipt. Provided that there is a sufficient amount in the deposit account to cover the total debit, this date will be considered as the date on which payment is made.

6.4 If, on the date of receipt of a debit order, there are insufficient funds in the deposit account for the payment of a fee, this fact shall be communicated to the holder. The communication may be made by telegram, telex or facsimile.

6.5 If, within one month of notification of the communication provided for in point 6.4, the deposit account is sufficiently replenished to enable the fee and the administrative fee provided for in points 6.6 to be debited, the date of receipt of the debit order shall be deemed to be the date on which payment was effected; the provisions of point 6.8 and 6.10 shall determine whether or not the debit order was received in due time.

6.6 The administrative fee shall be 30% of the amount not covered by the account, but shall not be less than euro 51 or more than euro 306. If the administrative fee is paid by debiting the deposit account, there must be sufficient funds in the account at the latest by the time the one-month period under point 6.5 expires to enable the administrative fee to be debited.

6.7 If an administrative fee referred to in points 6.5 and 6.6 is not paid in due time, payment shall be deemed to have been effected on the date on which the deposit account was duly replenished.

6.8 If the written debit order is received by the EPO after the expiry of a time limit, that time limit shall be deemed to have been met in accordance with Article 8, paragraphs 3 and 4, of the Rules relating to Fees if evidence is provided to the Office that the person who made the payment

(a) despatched at a post office in a contracting state, within the period within which the payment should have been made, a letter bearing the address of the EPO containing the order, provided that there is a sufficient amount in the account on the date on which the time limit expires, and

(b) paid a surcharge of 10% on the relevant fee or fees, but not exceeding euro 153; no surcharge is payable if the letter is despatched not later than ten days before the expiry of the period for payment.

For the purpose of securing evidence, letters should be despatched by registered mail.

6.9 If the European patent application has been filed in accordance with Article 75, paragraph 1, EPC with a competent national authority, the debit order for the fees provided in Article 78, paragraph 2, Article 79, paragraph 2, and Rule 31, paragraph 1, EPC may be attached to the application.

6.10 If a debit order issued in accordance with point 6.9 is received by the EPO after the expiry of the time limit laid down for payment of a fee, such time limit shall be considered to have been observed if evidence exists or is supplied to the EPO that the debit order was filed with the competent authority of the Contracting State together with the application, provided that there was a sufficient amount in the account on the date of expiry of the time limit.

7. Automatic debiting procedure

Account holders may have their accounts debited automatically on the basis of an automatic debit order. The conditions applicable, and in particular the types of proceedings and fees covered, shall be laid down in separate Arrangements for the automatic debiting procedure (AAD)2.

8. Closure of a deposit account

8.1 A deposit account may be closed upon written request by the holder or, if appropriate, by his successors in title.

8.2 However, the EPO reserves the right to close, on its own initiative, any account for which the provisions set out in point 5.2 are not fulfilled.

8.3 Where an account is closed, the credit balance will be refunded by cheque or by transfer made out to the holder of the account or his successors in title.

9. Use of diskettes for debiting deposit accounts

Holders of deposit accounts may be authorised to use diskettes for debiting their accounts. The conditions applicable to this mode of payment shall be laid down in special arrangements for debiting deposit accounts by diskette3. Authorisation to use diskettes may be restricted to specific categories of fees.

10. Debiting of annual subscriptions of members of the Institute of Professional Representatives before the European Patent Office

10.1 Under the Administrative Agreement of 5 April 1993 between the European Patent Office and the Institute of Professional Representatives before the European Patent Office (epi)4 deposit accounts may be debited with epi members' annual subscriptions in accordance with the following provisions upon submission of a debit order signed by the epi. The debit order shall be based on one or more direct debiting mandates which shall be issued to the epi by the account holder and not be submitted to the EPO.

10.2 Debit orders under point 10.1 shall only be carried out with effect from 25 February and 25 June of each year as fixed debiting dates; Rule 85, paragraph 1, EPC governing the extension of time limits shall not apply. Debit orders shall be transmitted to the EPO on a data carrier specified by the EPO and shall include all the annual subscriptions to be debited from a deposit account in one overall sum. The date on which payment is considered to have been made shall be the date on which the account is debited.

10.3 If, after priority has been given to fees or costs in respect of EPO publications or services, the credit balance on a deposit account on the debiting date is not sufficient to cover the epi debit order, it shall not be carried out and shall be returned to the epi.

10.4 Points 5.3 and 6.2 to 6.10 shall not apply to debit orders under point 10.1.