EUROPEAN PATENT OFFICE
Information from the EPO
Decision of the President of the European Patent Office dated 12 February 2025 concerning the revision of the Arrangements for deposit accounts and their annexes
The President of the European Patent Office,
Having regard to Articles 5(2) and 7(2) of the Rules relating to Fees and to Articles 1 and 6 of the Rules relating to Fees for Unitary Patent Protection,
Has decided as follows:
Article 1
The Arrangements for deposit accounts (ADA) are amended as follows:
(1) Point 7.1.2 ADA reads as follows:
"7.1.2 The debit order must be filed in an electronically processable format (XML) via one of the following:
- EPO Online Filing using EPO Forms EP(1001E), EP(1038E), Euro-PCT(1200E), EP(Oppo), UP(7000), UP(7038) or (using the PCT fee calculation and payment feature) PCT-DEMAND, PCT/RO/101 or PCT-SFD;
- Online Filing 2.0 using EPO Forms EP1001, EP1038, EP1200, EP2300, EP3002, UP7000 or UP7038;
- Online Filing 2.0 using the PCT fee calculation and payment feature with Forms PCT/RO/101 and PCT/IPEA/401 or PCT-SFD or ePCT using the PCT fee calculation and payment feature with Form PCT/RO/101 and the action Submit Chapter II Demand (PCT/IPEA/401);
- Central Fee Payment;
- MyEPO Portfolio."
(2) Point 7.1.3 ADA reads as follows:
"7.1.3 Except as otherwise stated under point 7.1.4, debit orders submitted in any other way or using a different format such as a PDF attachment or the annotation field in the online forms are invalid and thus will not be carried out. The legal consequence of filing an invalid debit order is laid down in point 10.3."
(3) A new point 7.1.4 is added:
"7.1.4 Debit orders may be submitted, by way of exception, via the EPO Contingency Upload Service in the event of a system outage, regardless of its origin, provided that it occurs on the last day to pay the relevant fee and the user provides evidence demonstrating that it prevented them from submitting the debit order in an electronically processable format."
(4) Point 15.2 ADA reads as follows:
"15.2 Refund instructions must be filed in an electronically processable format, via one of the following accepted means of filing: EPO Online Filing and Online Filing 2.0 using EPO Forms 1001E, 1200E, 1038E, 7000 or 7038 and ePCT using PCT Form PCT/RO/101, PCT-SFD (EPO Online Filing) or PCT/IPEA/401 (EPO Online Filing and Online Filing 2.0).ʺ
(5) Point 15.3 ADA reads as follows:
"15.3 Refund instructions submitted in any other way or using a different format such as a PDF attachment or the annotation field in the online forms are invalid and thus will not be processed. Until valid instructions are filed, parties entitled to a refund will be able to claim it in Central Fee Payment either directly, if they use MyEPO Portfolio, or after first receiving a refund code."
Article 2
Annex A.1 to the ADA ‒ Arrangements for the automatic debiting procedure (AAD) is amended as follows:
(1) Point 1.3 AAD reads as follows:
"1.3 An automatic debit order may be filed on behalf of the applicant or patent proprietor or their representative (agent). It may not be restricted to specific types of fees other than those defined under point 3.1 or to a specific period of time. The requirements applicable to the signature of the debit order laid down in point 7.1.1 ADA apply mutatis mutandis."
(2) Point 3 AAD reads as follows:
"3. Automatic debit order and fee types covered
3.1 In European proceedings, the following types of automatic debit order can be selected:
- automatic debit order for all fees
- automatic debit order for all fees except renewal fees
- automatic debit order for renewal fees only.
An automatic debit order filed for an application for which an automatic debit order covering the same type of fee is already active is invalid and will not be carried out.
3.2 Subject to point 3.3 below and the type of automatic debit order selected for European proceedings, the automatic debiting procedure covers all fees in European and PCT proceedings, proceedings before the EPO relating to Unitary Patents and the following administrative fees laid down by the President of the EPO under Article 3 RFees:
(a) administrative fee for a certified copy of a European patent application or an international application (priority document) (Rule 17.1 PCT, Rule 54 EPC, Article 3 RFees), but only if the certified copy requested is of an application the priority of which is claimed in an international application for which the EPO is acting as receiving Office
(b) administrative fee for the late furnishing of sequence listings (Rule 13ter.1(c) and 13ter.2 PCT)
(c) administrative fee provided for in Rule 10(4) of the Rules relating to Unitary Patent Protection (UPR).
3.3 Automatic debiting is not available for the following fees:
(a) any of the fees, expenses and prices laid down by the President of the EPO under Article 3 RFees, other than the administrative fees expressly referred to in point 3.2 above
(b) all fees not payable by the applicant or patent proprietor, notably the opposition fee
(c) fee for the awarding of costs (Rule 88(3) EPC)
(d) fee for a technical opinion (Article 25 EPC)
(e) fee for a supplementary international search (Rule 45bis.3(a) PCT)
(f) review fee relating to a supplementary international search (Rule 45bis.6(c) PCT)
(g) supplementary search handling fee (Rule 45bis.2 PCT)
(h) late payment fee relating to a supplementary international search (Rule 45bis.4(c) PCT)
(i) additional search fee in the event of correction of an erroneous filing (Rule 40bis PCT in conjunction with Rule 20.5bis PCT)
(j) further search fee for a European search pursuant to Rule 56a(8) EPC and any further processing fee due in the event of late payment of that fee."
(3) Point 4.1 AAD reads as follows:
"4.1 As from the date of receipt of a valid automatic debit order at the EPO, and as the proceedings progress, the EPO debits the account holder's deposit account in respect of all fees for which automatic debiting is allowed and which are covered by the type of automatic debit order selected as they arise in respect of the proceedings specified in the automatic debit order in question, and treats them as paid in time, provided they fall due on or after the date of receipt of the valid order and the deposit account contains sufficient funds. The fees to be debited over the next 40 days are shown in the Transactions tab in Central Fee Payment."
Article 3
Annex A.2 to the ADA – Information from the EPO concerning the automatic debiting procedure is amended as follows:
(1) Point I reads as follows:
"I. General remarks
Under the procedure laid down in the AAD, an account holder may file with the EPO an automatic debit order to ensure automated payment of fees due in the proceedings for which the order is filed, except those expressly excluded under point 3.3 AAD. In the case of automatic debiting, the responsibility for ensuring that payment of the fees covered by the type of automatic debit order selected is made correctly, in full and on time lies with the EPO, provided that the deposit account always contains sufficient funds to cover the payments due. Payments due to be debited within the next 40 days are shown in the Transactions tab in Central Fee Payment.
Once a valid automatic debit order has been filed, the user of the automatic debiting procedure does not usually need to take any further action to ensure correct and timely payment. However, in certain circumstances, users must actively inform the EPO that no payment of a fee is to be made or that only one particular fee amongst a number of fees due is to be paid; otherwise, fees are debited automatically in full. An example is the invitation by the EPO to pay further search fees under Rule 64(1) or 164(1) or (2) EPC or additional search fees under Article 17(3)(a) PCT. If these fees are due, applicants must inform the EPO if they wish to pay none or only one or more, but not all of them. Otherwise, all the search fees for which the invitation was issued will be debited automatically. The same applies for claims fees (see Re point 3 AAD below)."
(2) Re point 3 AAD reads as follows:
"Re point 3 AAD: Automatic debit order and fee types covered
The automatic debiting procedure covers the majority of the fees due in PCT proceedings and proceedings relating to Unitary Patents before the EPO. In European proceedings, three different types of automatic debit order are available for selection, covering either all fees, all fees except renewal fees or renewal fees only. The fees excluded from automatic debiting are set out in point 3.3 AAD. The EPO takes into consideration, to the account holder's benefit or detriment, all relevant factors known to it when the automatic debit is effected, doing so in such a way as to safeguard all rights arising from the European patent application or Unitary Patents (see point 4 AAD).
An automatic debit order may be filed for:
(i) European grant proceedings for one or more specific European patent applications or international applications before the EPO as designated or elected Office ("Euro-PCT application"), including requests for early processing under Article 23(2) or 40(2) PCT
(ii) PCT proceedings for specific international applications before the EPO as receiving Office, ISA or IPEA
(iii) appeal and review proceedings under Article 112a EPC to which the applicant or patent proprietor is a party
(iv) limitation and revocation proceedings under Article 105a EPC
(v) proceedings relating to European patents with unitary effect (Unitary Patents) before the EPO
An automatic debit order cannot be filed for international applications before the EPO as Supplementary International Searching Authority.
An automatic debit order ceases to have effect from the moment the proceedings before the EPO as receiving Office, ISA or IPEA are terminated (point 11.2 AAD). Accordingly, separate orders must be filed for PCT proceedings under (ii) above and for European proceedings under (i) above in respect of a specific international application. For limitation or revocation proceedings under (iv) and proceedings relating to Unitary Patents before the EPO under (v) above, a new automatic debit order has to be filed.
For international applications for which early processing under Article 23(2) or 40(2) PCT is requested, the fees debited will depend on the type of international application concerned and the date on which the request for early processing is filed. In particular, any fees due will be automatically debited on the date the request for early processing under Article 23(2) or 40(2) PCT is filed, provided the documents referred to in Article 20 PCT are available to the EPO on that date. Otherwise, the fees will only be debited and the request for early processing will only take effect on the day the EPO receives the documents referred to in Article 20 PCT from the IB under Rule 47.4 PCT. If the request is received on a day on which the EPO is not open for the receipt of documents, the decisive payment date will be the next day it is open for this."
(3) Re point 3 AAD, II.2 reads as follows:
"II.2 Administrative fee for the preparation and transmittal of a certified copy of a European or international application (priority document) (Rule 17.1(b) PCT and Rule 54 EPC)
Where the applicant claims the priority of an earlier application, a certified copy of it ("the priority document") must be filed with the receiving Office or the International Bureau within 16 months after the priority date. However, if the earlier application was filed with the EPO, the applicant may request the EPO to prepare and transmit a priority document to the International Bureau. Box No. VI of the request Form PCT/RO/101 contains a checkbox for that purpose. Except for this case, the administrative fee for a certified copy of a priority document is excluded from the automatic debiting procedure (see point 3.3(a) AAD).
An administrative fee for a certified copy of the priority document is considered to have been paid on its due date, i.e. on the date of receipt of the request.
However, for administrative reasons, if the request for a certified copy is submitted before the fees under Rules 14.1, 15.2 and 16.1 PCT have been debited, the administrative fee is debited together with those fees. In all other cases, it is debited within seven days from the date of receipt of the request for the certified copy.
When the request for a certified copy is submitted via MyEPO Portfolio, the automatic debiting procedure takes account of the fact that the applicable administrative fee is reduced to zero."
Article 4
This decision enters into force on 1 April 2025. It applies to debit orders filed as of that date.
Done at Munich, 12 February 2025.
António CAMPINOS
President