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Guide for applicants, Part 1: How to get a European patent

 
 
Fee amounts and payment methods
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Fee amounts, payment methods and effective payment dates are governed by the Rules relating to Fees (RFees) and by measures adopted by the President of the EPO implementing certain provisions of those Rules.
Arrangements for deposit accounts (ADA[ 2 ])
Guid. A‑X
Guidance on fee payment is published in each issue of the EPO's Official Journal and on the EPO's website at www.epo.org, so you should consult the latest issue to find out the current situation.
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The following advice and recommendations on paying fees to the EPO should be noted: 
(a) 
Fees due to the EPO must be paid in euros. 
Fees, including those for a European patent application filed with a national authority, must be paid direct to the EPO (for the only exception see (e) below). You can do this by paying them into or transferring them to a the bank account held by the EPO[ 3 ]) or by debiting a deposit account you have opened with the EPO.
(b) 
Depending on how you pay, the deemed date of payment is the day on which 
• 
the amount of the payment or transfer is actually credited to a the bank account held by the Office, or
• 
the order to debit a deposit account is received at the EPO, provided the deposit account contains sufficient funds. 
It is advisable to pay fees as promptly as possible, preferably at the same time as filing your application. 
(c) 
If a payment is received after expiry of the period within which it should have been made, the period is considered to have been observed if you can prove to the Office that: 
 
Point 6.5 ADA
in a contracting state, within the relevant period for payment, 
• 
you effected the payment through a banking establishment, or 
• 
you duly gave an order to a banking establishment to transfer the relevant amount, or 
• 
you despatched at a post office a letter addressed to the Office and containing an order to debit a deposit account opened with the EPO, provided that there are sufficient funds in the deposit account on the date on which the period for payment expires 
• 
and you have paid a surcharge of 10% on the relevant fee or fees, but not exceeding EUR 150; no surcharge is payable if you took one of the actions listed above no later than ten days before expiry of the period for payment.
• 
fee or fees, but not exceeding EUR 150; no surcharge is payable if you took one of the actions listed above no later than ten days before expiry of the period for payment.
The Office may request you to produce evidence of the date on which you took one of the actions listed above, and where necessary to pay the surcharge, within a period which it specifies. If you fail to comply with this request, if you produce insufficient evidence, or if you fail to pay the required surcharge in due time, the period for payment is considered not to have been observed.  
(d) 
If you pay fees through a banking establishment, you may use the bank of your choice. Payments and transfers must be to one of the accounts of the EPO. 
(e) 
If you file a European patent application with the EPO or a national authority and have a deposit account with the EPO, you can pay fees due on filing simply and securely by debiting your deposit account; you merely have to fill in the appropriate section of the fee payment form (EPO Form 1010) that you enclose with the application. 
Art. 7(2) RFees, Point 6.9 ADA
The EPO also accepts debit orders filed electronically or issued by fax. For more information about Online fee payment, go to EPO Online services on the EPO website (www.epo.org).
Point 6.2 ADA 
If you are an EPO deposit account holder, you also have the option of issuing an automatic debit order (using section 42 of the request for grant, Form 1001, see Annex). 
ADA, Annexes A.1 and A.2  
 
Point 6.2 ADA
Payment by deposit account, using either an individual debit order or the automatic debiting procedure, reduces the risk of late payment and possible extra costs for the applicant.
If you file your application with a national authority and the EPO does not receive the enclosed debit order until after the period for fee payment has expired, you are deemed to have met the time limit if there were sufficient funds in your deposit account on the date when the time limit expired. 
(f)
For payment orders submitted by means of EPO Online Filing or Online Fee Payment, the deposit account holder may however specify that a payment order is to be executed at a later date than the submission date. Payment orders may be executed up to 40 days after the submission date.
Point 6.3 ADA
(g)
(f) Regardless of how you choose to pay, it is advisable to use theUse of the fee payment form (Form 1010, see Annex) to communicate particulars concerning payments.is mandatory for debit orders filed on paper or by fax. No paper confirmation of a debit order should be sent.
Point 6.2 ADA
Failure to use the above- mentionedis form will delay processing considerably, although you will keep the original submission date as payment date. However, you will be requested to resubmit the debit order on EPO Form 1010.
You can download the form from the EPO website (www.epo.org).
 
[ 2 ]Supplement to OJ 03/2009OJ supplementary publication 4/2014
[ 3 ] The EPO publishes a list of accounts in every issue of its Official Journal and on its website (www.epo.org).