Pages 5-12

Arrangements for deposit accounts (ADA)

CONTENTS

1. General provisions

2. Formalities for opening an account

3. Administration of the accounts

4. Inpayments

5. Conditions of operating the account

6. Debiting the account

7. Revocation of a debit order

8. Automatic debiting procedure

9. Online Fee Payment via My.epoline^®

10. Debiting the account by diskette

11. Closing the account

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

1. General provisions

Under Articles 5(2) and 7(2) of its Rules relating to Fees (RFees), the EPO makes available, for any interested natural or legal person (or bodies equivalent to a legal person under the law applicable to them), deposit accounts for paying fees, expenses and prices to be levied by the Office.

2. Formalities for opening an account

A deposit account may be opened upon request and provision of all the necessary particulars about the person, occupation and address of the prospective account holder. This is done by

(a) completing and submitting the online request form on the EPO website under https://secure.epo.org/products/deposit/ or

(b) sending a signed request, on paper, by fax or by e-mail, containing the above-mentioned particulars, to the EPO as follows:

European Patent Office

Vienna sub-office

Dir. 4.5.4

PO Box 90

1031 Vienna

AUSTRIA

Fax +43 (0)1 52126-2495

deposit_account@epo.org

3. Administration of the accounts

Deposit accounts are kept in euro only, at the EPO headquarters in Munich.

4. Inpayments

4.1 Once the deposit account has been opened, its number is communicated to the holder, who must then make an initial inpayment commensurate with his requirements and the intended frequency of replenishment, so as to ensure that there are sufficient funds in the account.

4.2 Inpayments to replenish deposit accounts must be made into an EPO bank account, giving the number of the EPO deposit account concerned. They are credited to the deposit account with the value date of the inpayment into the EPO bank account. They may be made only in the currency in which the EPO bank account concerned is held. If made into an EPO account held in a currency other than euro, they are converted into euro at the exchange rate pertaining on the inpayment date and the resulting euro amount is credited to the deposit account.

5. Conditions of operating the account

5.1 The deposit account number must be indicated whenever payments are made.

5.2 The holder must ensure that the account contains sufficient funds at all times. Article 7(1), (3) and (4) RFees applies mutatis mutandis to replenishment payments.

5.3 Debit orders are booked in chronological order of receipt by the EPO. Each day, priority is given to fees subject to an automatic debit order and then to fees for which the debit order is filed by online means (see point 6.2). Subject to this, debit orders are booked in ascending order of application number, unless otherwise indicated.

5.4 Several times each month, the holder is sent a detailed statement of account. Registered My.epoline^® users can also inspect their account transactions via Online Fee Payment1. Any errors noted must be notified to the EPO without delay.

6. Debiting the account

6.1 Subject to point 12, deposit accounts may be debited only in respect of fees, expenses and prices to be levied by the EPO.

6.2 Debiting occurs in principle on the basis of a debit order signed by the account holder.

This may be

• a debit order for individual fees, or
• an automatic debit order filed under the automatic debiting procedure2 for a specific European patent application and authorising the debiting of fees automatically as the proceedings progress,

and may be filed

• by means of EPO Online Filing, on EPO Forms 1001E (Request for grant) and 1200E (Form for entry into the European phase),
• by means of EPO Online Filing or PCT-SAFE, on the PCT Fee Calculation Sheet annexed to Form PCT/RO/101 (PCT Request), in which case the signature requirement for the debit order is considered met if the Request is duly signed,
• by means of Online Fee Payment via My.epoline^®3, in which case authorisation by smart card takes the place of a signature,
• by means of EPO Online Filing using EPO Form 1038E (Letter accompanying subsequently filed items),
• on paper, in the case of an individual debit order preferably on EPO Form 1010,
• by fax, in the case of an individual debit order preferably on EPO Form 1010, which should be sent to the EPO's central fax number in Munich4,
• by diskette5.

Paper confirmation of a debit order is not required.

6.3 The debit order must be clear and unambiguous. It must contain the particulars necessary to identify the purpose of the payment, including the amount of each fee or expense concerned, and must indicate the number of the account which is to be debited. Upon receipt by the EPO, the debit order is stamped with the date of receipt. Provided there are sufficient funds in the deposit account to cover the total fee payments indicated for the application referred to in the order, or in the case of an order containing a list of applications for each application referred to, this date is considered to be the date on which payment is made.

6.4 If on the date of receipt of the debit order the account does not contain sufficient funds to cover the total fee payments indicated for an application (shortfall), the debit is not carried out for it and the holder is informed accordingly by post, fax or e-mail.

6.5 If, within a period of one month of receipt of the communication under point 6.4, the account is sufficiently replenished to enable the total payments indicated for the application to be debited and, within the same period, an administrative fee under point 6.6 is paid, then the date on which the debit order was received is considered to be the date on which payment was made. Whether or not the debit order was received in time is determined in accordance with points 6.8 and 6.10.

6.6 The administrative fee is 30% of the shortfall, but not less than euro 50 or more than euro 305. If this fee is paid by debit order from the deposit account, at the latest by the time the one-month period under point 6.5 expires the account must contain sufficient funds to enable it to be debited.

6.7 If an administrative fee under points 6.5 and 6.6 is not paid in time, payment is considered to have been made on the date on which the deposit account was duly replenished.

6.8 If the EPO receives a debit order by post after expiry of a period for payment, then under Article 7(3) and (4) RFees that period is considered to have been observed if evidence is provided to the EPO that the person who made the payment

(a) despatched at a post office in a contracting state, within the period for making the payment, a letter bearing the address of the EPO containing the order, provided the account contained sufficient funds on the date on which the time limit expired, and

(b) paid a surcharge of 10% on the relevant fee or fees, but not exceeding euro 150; no surcharge is payable if the letter was despatched not later than ten days before expiry of the period for payment.

Such letters should be sent by registered mail for the purpose of securing evidence.

6.9 If a European patent application is filed under Article 75(1)(b) EPC with a competent national authority, a debit order for fees which can be paid on filing may be included with the application.

6.10 If a debit order under point 6.9 is received by the EPO after expiry of the period for paying the fees, such period is considered to have been observed if evidence is available or is supplied to the EPO that the debit order was filed with the competent national authority together with the application, provided the account contained sufficient funds on the date on which the period expired.

6.11 Where a debit order under point 6.9 (not being an automatic debit order) is received by the competent national authority before the date on which an increase in the amounts of fees pursuant to Article 2 RFees takes effect but is received by the EPO on or after that date, the date of receipt at the competent national authority is considered to be the date on which the payment is made.

7. Revocation of a debit order

A debit order may be revoked by signed written notice from the account holder, on paper or by fax6, giving the number of the deposit account, the number of the application or patent and each fee or expense concerned. The notice of revocation is not effective if received by the EPO after the date on which the debit order is received.

8. 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, are laid down in the Arrangements for the automatic debiting procedure (AAD)7.

9. Online Fee Payment via My.epoline^®

Debit orders may also be filed online by means of Online Fee Payment via My.epoline^®, under conditions laid down in the Arrangements for Online Fee Payment via My.epoline^®8.

10. Debiting the account by diskette

Holders of deposit accounts may be authorised to debit them by diskette, under conditions laid down in the Arrangements for debiting deposit accounts by diskette9. This procedure may be restricted to specific categories of fees.

11. Closing the account

11.1 A deposit account may be closed at the signed written request, on paper or by fax, of the holder or his successors in title.

11.2 In addition, the EPO reserves the right to close any account which fails to comply with point 5.2.

11.3 On closure of the account, the credit balance is refunded by bank transfer to the holder or his successors in title, once the necessary account details have been supplied in writing.

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

12.1 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)10, deposit accounts may be debited with epi members' annual subscriptions as specified below upon submission of a debit order signed by the epi and based on one or more direct debiting mandates issued to the epi by the account holder and not submitted to the EPO.

12.2 Debit orders under point 12.1 are carried out with effect from the fixed debiting dates of 25 February and 25 June each year only; Rule 134(1) EPC on the extension of time limits does not apply. They are transmitted to the EPO on a data carrier specified by the EPO and comprise, in one overall sum, all annual subscriptions to be debited from a deposit account. The date of payment is that on which the account is debited.

12.3 If, after priority has been given to fees or expenses in respect of EPO publications or services, a deposit account does not contain sufficient funds on the debiting date to cover the epi debit order, the order is not carried out and is returned to the epi.

12.4 Points 5.3, 6.2 to 6.11 and 7 do not apply to debit orders under point 12.1.