Pages 52-55

Annex B to the ADA: Arrangements for Online Fee Payment via Online services

CONTENTS

1. General provisions

2. Authorisation

3. Debiting the deposit account

4. Inspecting the account

5. Withdrawal of authorisation

Appendix: DTD1 for creating the XML2 file for batch payments

1. General provisions

Online Fee Payment via Online services comprises paying fees and inspecting the account. Unless otherwise stated below, it is governed by the Arrangements for deposit accounts3.

2. Authorisation

2.1 Natural persons entitled to use a deposit account with the EPO may be authorised to pay fees by means of Online Fee Payment via Online services.

2.2 A further condition for using Online Fee Payment via Online servicesis possession of a valid smart card and reader. Authorisation to use Online Fee Payment via Online servicesmay be requested together with the application for a smart card, or subsequently.

2.3 To request authorisation together with the application for a smart card, the relevant section must be completed on the form available via the "Enrol for a smart card" link on the EPO website under http://www.epo.org/applying/online-services/fee-payment.html. The completed form, signed by the account holder, is to be addressed to:

European Patent Office
Branch at The Hague
Procedural and Technical Support
Box 5818
2280 HV Rijswijk
THE NETHERLANDS
Fax +31 (0)70 340-4600
support@epo.org

For subsequent authorisation the account holder should contact EPO Procedural and Technical Support at the above e-mail address.

3. Debiting the deposit account

3.1 Deposit accounts may be debited in respect of fees and expenses to be levied by the EPO and assignable to an application number.

3.2 The account is debited on the basis of the payment data supplied by the user online. Users may issue an individual debit order covering a single application or a batch debit order covering several.4

3.3 The batch debit order must be supplied as an XML file, which should be created using the EPO Online Multipay Tool5 or according to the DTD published in the appendix to this annex.

3.4 Confirmation of successful transmission of the debit order to the EPO is immediately indicated on screen. This confirmation may be printed out and saved by the user. The absence of such confirmation indicates that the debit order is to be regarded as not received and the payment as not made.

3.5 Provided there are sufficient funds in the deposit account on the date the EPO receives a readable and virus-free debit order, that date will be considered as the effective payment date.

The deposit account holder may however specify that a payment order is to be executed at a later date than the submission date. In that case, the date of payment is deemed to be the execution date specified. Payment orders may be executed up to 40 days after the submission date

3.6 If, on the date of receipt of the debit order or on the date specified under point 3.5, second paragraph, above, the account does not contain sufficient funds to cover the total fee payments indicated for an application (shortfall), the debit order is not carried out and the holder is informed accordingly by post, fax or e-mail. The payment is considered to have been made on the date on which the deposit account is duly replenished.

3.7 If, on the date of receipt of a debit order which relates to multiple fees, the funds are partly insufficient, the fees are debited in ascending order of application number and only to the extent that the funds are sufficient to cover the total of the fees indicated for each application concerned. The holder is informed accordingly by post, fax or e-mail.

3.8 The filing and revocation of an automatic debit order by means of Online Fee Payment via Online servicesare subject as appropriate to the provisions of the Arrangements for the automatic debiting procedure. Confirmation of receipt of an automatic debit order or of the notice of its revocation filed by means of Online Fee Payment via Online services may be printed and saved by the user.

4. Inspecting the account

Online users may check the balance of their deposit accounts, past transactions back to 1 January 2002 and debit orders filed under Online services but not yet processed, and consult the Schedule of Fees. The data, including account statements, may also be downloaded in PDF format via Online Fee Payment.

The "Fee Payment" plan shows users which of their applications are subject to the automatic debiting procedure. The "Fees due" overview includes information on the amount of each fee payable within the following 40 days, together with the relevant fee code and the application number for which the fee is due.

5. Withdrawal of authorisation

If use of Online Fee Payment via Online servicescauses difficulties, the EPO may decide to withdraw its authorisation for the service and cancel the smart card.