Provided that there are sufficient funds in the deposit account on the date of receipt of the debit order by the EPO or on the execution date, that date will be considered as the date on which the payment is made.
Points 6.3 ADA, points 6.6 ADA, points 6.7 ADA and points 6.9 ADAPoint 5.4.1 ADA
Point 5.6.2 ADA
This is also applicable where a debit order is filed together with an application under point 6.6 ADA or point 6.9 ADAfiled under Art. 75(1)(b) with a competent national authority of a contracting state (see point 6.6 ADA or point 6.9 ADAA-II, 1.6). 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.
If, on the date of receipt of the debit order or on the date specified under point 6.3, second paragraph, ADAas the execution date (point 5.4.1 ADA), the account does not contain sufficient funds to cover the total fee payments of all the fees indicated for an application (shortfall), the fees are booked in ascending order of fee codes, as long as the funds allow (see the Notice from the EPO dated 29 September 2016, OJ EPO 2016, A84). The outstanding payment is considered to have been made on the date on which the deposit account is duly replenished. On the application of the ten-day fail-safe arrangement in case of late receipt of the replenishment payment at the EPO, see A‑X, 6.2.2.
Points 6.4 and 5.2 ADAPoint 5.2.4 ADA