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Guidelines for Examination

 
 
Table of Contents - Guidelines for Examination
Part A Guidelines for Formalities Examination
Chapter X – Fees
6. Payment in due time
6.2 Ten-day fail-safe arrangement
6.2.1 Requirements
6.2.1
Requirements 

If the payer provides evidence to the EPO that within the period in which the payment should have been made in an EPC Contracting State:

Art. 7(3)  and (4) RFees

(i)
he effected payment through a banking establishment; or
(ii)
he duly gave an order to a banking establishment to transfer the amount of the payment; or 
(iii)
he despatched at a post office a letter bearing the address of one of the filing offices (see A-II, 1.1) of the EPO containing the debit order, provided that there is a sufficient amount in the account on the date on which the time limit expires,

Point 6.8 ADA

then he is considered to have observed the period for payment, even if the payment is entered in the bank account of the European Patent Organisation after the expiry of the period or if a debit order despatched to the EPO is received there after the expiry of the period.

However, if, in such a case, the payment has been effected later than 10 days before expiry of the period for payment, but still within that period, a surcharge of 10% on the relevant fee or fees, but not exceeding EUR 150, must be paid in order for the period for payment to be considered observed.

Art. 7(3)(b) and
(4) RFees
Point 6.8(b) ADA

References

Art. 7(3)  and (4) RFees

Point 6.8 ADA

Art. 7(3)(b) and
(4) RFees
Point 6.8(b) ADA