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Guidelines for Examination

 
 

4.2.4 Date of receipt of the debit order; insufficient funds

Provided that there is a are sufficient amount funds in the deposit account on the date of receipt of the debit order by the EPO or on the date specified under point 6.3, second paragraph, ADA, that date will be considered as the date on which the payment is made. This is also applicable where a debit order is filed together with an application under point 6.66.9 or point 6.9 ADA6.12 with a competent national authority of a Contracting State. If the debit order is not received at the EPO until after expiry of the period allowed for payment of fees which can be paid on filing, that period is deemed to have been observed if evidence is available or presented to the EPO to show that the debit order was filed with the competent authority of the Contracting State at the same time as the application, provided that sufficient funds were available in the account at the time the period expired.

Points 6.3, 6.66.9, 6.76.10 and
6.96.12 ADA

If, on the date of receipt of the debit order or on the date specified under point 6.3, second paragraph, ADA, 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.

PointsPoint 6.4ADA, Point 6.5 ADA and Point 6.6 ADA

If on the date of receipt of a debit order, 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 for it and the account holder is informed accordingly by the Treasury and Accounts Department of the EPO. By replenishing the account and paying an administrative fee, the holder can ensure that the date of receipt of the debit order is deemed to be the date on which payment was effected. The administrative fee is 30% of the shortfall. The Arrangements for deposit accounts further fix a maximum and a minimum amount for this administrative fee.

References

Points 6.3, 6.66.9, 6.76.10 and
6.96.12 ADA

PointsPoint 6.4ADA, Point 6.5 ADA and Point 6.6 ADA