If the payer provides evidence to the EPO that, within the period for payment of a given fee, he took in an EPC contracting state one of the following steps:

effecting payment of the fee through a banking establishment; or 
giving an order to a banking establishment to transfer the amount of the payment; or (iii)  despatching 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 6.5 ADA

then he is considered to have observed the period for payment of the fee, even if the amount paid or the debit order is received by the EPO after expiry of the period mentioned.

However, if, in such a case, the payment has been effected later than 10 days before expiry of the period for payment of the fee, 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 of the fee to be considered observed.

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