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INFORMATION FROM THE EPO

Notice from the European Patent Office dated 10 January 2000 amending the Information from the EPO concerning the automatic debiting procedure

The Implementing Regulations to the European Patent Convention and the Rules relating to Fees have been amended by decisions of the Administrative Council of 10 December 19981 and 13 October 19992. The information from the EPO concerning the automatic debiting procedure3 has therefore been amended as follows:

1. In Section II, Point 3(d) AAD: Designation fee(s), the first sentence has been replaced by the following:

For European and international applications filed from 1 July 1999 onwards4, payment of seven times the designation fee is deemed to cover all the contracting states (Art. 2(3) RFees). Section 32.1 of the Request for Grant form (EPO Form 1001) and Section 10.1 of the form for entry into the European phase (EPO Form 1200) are precrossed to indicate that the applicant wishes to pay in this way. An amount equal to seven times the designation fee is then debited under the automatic debiting procedure, unless the EPO is instructed to do otherwise before expiry of the normal time limit for payment of the designation fees (Art. 79(2); Rule 107(1)(d) EPC).

However, if applicants wish to pay designation fees for fewer than seven contracting states when filing the application or on entry into the European phase, they should indicate the states involved in Section 32.2 of Form 1001 or Section 10.2 of Form 1200. Designation fees are then debited under the automatic debiting procedure for these states only.

2. In Section II, Point 3(d) AAD: Designation fee(s), the phrase "... to those indicated in Section 32.2 ..." in the second sentence has been replaced by "... to those listed in Section 32.2 ...".

3. In Section II, Point 3(d) AAD: Designation fee(s), the second paragraph has been deleted.

4. In Section II, Point 3(e) AAD: Claims fees (Rules 31(1) and 51(7) EPC), the second paragraph now reads:

Claims fees under Rule 110 EPC

In the case of international applications, any claims fees payable on entry into the European phase are computed and, where appropriate, debited under the automatic debiting procedure on the basis of the documents on which the European grant procedure is to be based (Rule 110 EPC). If these documents comprise more than ten claims, a claims fee is payable for the eleventh and each subsequent claim within the period provided for in Rule 107(1) EPC. Without prejudice to Rule 86(2) to (4) EPC, the application may be amended once, within a non-extendable period of one month as from notification of a communication informing the applicant accordingly (Rule 109 EPC). If within this period amended claims are filed, the claims fees due are computed on the basis of such amended claims (Rule 110(2) EPC).

5. In Section II, Point 3(g) AAD: Examination fee, the reference to Rule 104b(6) EPC in the second set of brackets has been replaced by a reference to Rule 107(2) EPC.

6. In Section II, Point 3(t) AAD: Extension fee, the reference in brackets to Article 79(2) EPC has been supplemented by a reference to Rule 107(1)(d).