Debiting occurs on the basis of an electronic debit order signed by the account holder or the authorised representative. The debit order must be clear, unambiguous and unconditional. It must contain the particulars necessary to identify the purpose of the payment, including the amount of each fee or expense concerned, and must indicate the number of the account which is to be debited.may be a debit order for individual fees for one or more applications, or an automatic debit order for a specific patent application (see A-X, 4.3).
Point 5.1.1 ADA6.2, 6.3 ADA
The boards of appeal have decided that a debit order must be carried out notwithstanding incorrect information given in it if the intention of the person giving the order is clear (see T 152/82). Debiting occurs in principle on the basis of a written debit order signed by the account holder.
The various ways in which a debit order may be filed, including online and fax filing, are given in point 6.2 ADA. No paper confirmation of a debit order should be sent. Regarding the order of priority for processing debit orders, see the Decision of the President of the EPO dated 3 February 2016, OJ EPO 2016, A14.The debit order for European patent applications must be filed in an electronically processable format (XML) via one of the following:
Point 5.1.2 ADA
Point 5.1.3 ADA
Debit orders submitted in any other way, e.g. on paper, by fax, via the Web-Form Filing service or using a different format such as a PDF attachment, are invalid and thus will not be carried out (for an exception, see A-II, 1.6).
If any of the accepted means of filing debit orders is unavailable at the EPO on the last day for paying a particular fee, the payment period will be extended to the first day thereafter on which all such means as are available for the type of application concerned can be accessed again. Payment periods are also extended in the event of a general unavailability of electronic communication services, or other like reasons within the meaning of Rule 134(5) (see the Notice from the EPO dated 18 January 2018, OJ EPO 2018, A25).
For payment orders submitted by means of EPO Online Filing or Online Fee Payment, the deposit account holderA debit order may howeverspecify that a payment order is to be executed at a later date than the submission date. In that case, the payment date is deemed to be the execution date specified. Payment orders with a deferred execution date may be executed up to 40 days after the submission date.
Point 5.4.1 ADA
A debit order must be carried out notwithstanding incorrect information given in it, if the intention of the person giving the order is clear (see T 152/82).
A debit order may be revoked in whole or in part by signed written notice from the account holder (see the Decision of the President of the EPO dated 29 September 2016, OJ EPO 2016, A83)person making the payment, preferably sent to email@example.com by email or a contact form via the EPO website (www.epo.org). For a notice of revocation of the debit order to be effective, it must be received by the EPO no later than the date on which the debit order is received. This also applies in case of a deferred payment date, irrespective of the execution date specified.
Point 7 ADAPoints 6.1, 6.2, 6.3 ADA
Payments of renewal fees and fees for the transfer of rights made by batch debit order in respect of patent applications for which the loss of rights or the refusal has become final are automatically rejected.
Point 5.3 ADA