I have made a SEPA instant credit transfer to pay fees on the last day of a payment period. I have now received a noting of loss of rights due to late payment of these fees. What can I do?

At the EPO, the payment date is the date on which a payment is received in the EPO bank account.

If you have ordered a SEPA instant credit transfer after the official opening hours of your bank on the last day on the payment period, your payment may be booked on the EPO bank account only on the subsequent day (see this FAQ). Since this date fell after expiry of the payment period, a noting of loss of rights was issued.

In this situation you may file a request under Article 7(3) of the Rules relating to Fees (RFees). Under this provision, a bank payment may be considered to have been made in time although the payment was received in the EPO bank account only after expiry of the period. For this means of redress to apply, either the payment must have been executed through a banking establishment in a Contracting State, or an order to transfer the amount of the payment must have been given to a banking establishment in a Contracting State within the payment period. In addition, evidence to prove that these requirements are met needs to be filed.

If you have made a SEPA instant credit transfer on the last day of the payment period, you may submit the order confirmation as proof together with your request under Article 7(3) RFees.