Where, under the provisions of paragraphs 1 and 2, payment of a fee is not considered to have been made until after the expiry of the period in which it should have been made, it shall be considered that this period has been observed if evidence is provided to the Office that the person who made the payment
paid a surcharge of 10% on the relevant fee or fees, but not exceeding EUR 150; no surcharge is payable if a condition according to sub-paragraph (a) has been fulfilled not later than ten days before the expiry of the period for payment.
The Office may request the person who made the payment to produce evidence as to the date on which a condition according to paragraph 3(a) was fulfilled and, where required, pay the surcharge referred to in paragraph 3(b), within a period to be specified by it. If he fails to comply with this request or if the evidence is insufficient, or if the required surcharge is not paid in due time, the period for payment shall be considered not to have been observed.
[ 22 ] Amended by decision of the Administrative Council CA/D 17/07 of 25.10.2007 (OJ EPO 2007, 533), and in particular by its Article 1, point 3; entered into force on 01.04.2008.
Date retrieved: 02 November 2015
30 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPO Guidelines - A Formalities Examination
XGL A X 6.2.2 Application of the ten‑day fail‑safe arrangement to the replenishment of deposit account s
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
XGL D IV 1.2.1 Deficiencies which, if not remedied, lead to the opposition being deemed not to have been filed
EPO Guide for Applicants, part II Int. - B The EPO as a PCT receiving Office
Offical Journal of the EPO
XOJ EPO SE 3/2015, p1 - Decision of the President of the European Patent Office dated 12 February 2015 concerning revision of the Arrangements for deposit accounts and their annexes
XOJ EPO 2015, A28 - Decision of the President of the European Patent Office dated 11 March 2015 concerning the pilot project to introduce new means of electronic communication in EPO proceedings
XOJ EPO SE 4/2014, p1 - Decision of the President of the European Patent Office dated 11 February 2014 concerning revision of the Arrangements for deposit accounts and their annexes
XOJ EPO 2014, A35 - Announcement of the European qualifying examination 2015 Pre-examination and main examination
XOJ EPO 2014, A20 - Decision of the President of the European Patent Office dated 11 February 2014 concerning revision of the Arrangements for deposit accounts and their annexes