EUROPEAN PATENT OFFICE
Information from the EPO
Decision of the President of the European Patent Office dated 25 September 2024 concerning the revision of the Arrangements for deposit accounts and their annexes – changes regarding the repayment of renewal fees that are not due
The President of the European Patent Office,
Having regard to Articles 5(2) and 7(2) of the Rules relating to Fees,
Has decided as follows:
Article 1
The Arrangements for deposit accounts (ADA) are amended as follows:
(1) Point 7.1.2 reads as follows:
"7.1.2 The debit order must be submitted in an electronically processable format (xml) via one of the following:
- Central Fee Payment;
- MyEPO Portfolio;
- EPO Online Filing using EPO Forms 1001E, 1200E, 2300E or 1038E, or Online Filing 2.0 using EPO Forms 1001E, 1200E, 2300E, 3002E or 1038E;
- EPO Online Filing or ePCT using the PCT fee calculation and payment feature, or Online Filing 2.0 using the PCT fee calculator and payment feature with Forms PCT/RO/101 and PCT/IPEA/401."
(2) Point 9.1 reads as follows:
"9.1 Debit orders included in batch or individual debit orders that relate to
(a) the payment of renewal fees that are not due
(b) the payment of additional fees under Rule 51(2) EPC that are not due
(c) the double-payment of fees except those listed in Annex A.3 to the ADA
(d) the payment of fees for transfer of rights for definitively closed European patent applications
(e) the payment of fees for European patents with unitary effect that are not due
will be automatically rejected."
(3) A new point 9.2 is added:
"9.2 A fee is considered as being not due within the meaning of points 9.1 and 9.6, if:
(a) it is paid for definitively closed European patent applications, granted patents or definitively closed European patents with unitary effect,
(b) it is made before the earliest valid payment date,
(c) it has already been paid (double-payment),
(d) it differs in amount from the amount due at the time of payment."
(4) Points 9.2 to 9.5 are renumbered.
(5) Point 9.6 (formerly point 9.5) reads as follows:
"9.6 Where fees for European patents with unitary effect, renewal fees for European patent applications or additional fees under Rule 51(2) EPC that are not due are paid and such payments are made by debit order submitted by means other than Central Fee Payment, the amounts not due will be repaid to the deposit account indicated in the debit order.ʺ
Article 2
This decision enters into force on 7 October 2024. It applies to debit orders filed as of that date.
Done at Munich, 25 September 2024
António CAMPINOS
President