A. 7 Rfees EPC Date to be considered as the date on which payment is made

(1)

The date on which any payment shall be considered to have been made to the Office shall be the date on which the amount of the payment or of the transfer is actually entered in a bank account held by the Office.

(2)

Where the President of the Office allows, in accordance with the provisions of Article 5, paragraph 2, other methods of paying fees than those set out in Article 5, paragraph 1, he shall also lay down the date on which such payments shall be considered to have been made.

(3)

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 fulfilled one of the following conditions in a Contracting State within the period within which the payment should have been made:

(i)

he effected the payment through a banking establishment;

(ii)

he duly gave an order to a banking establishment to transfer the amount of the payment.

(4)

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 was fulfilled within a period to be specified by it. If he fails to comply with this request or if the evidence is insufficient, the period for payment shall be considered not to have been observed.

Amended by decision of the Administrative Council CA/D 12/19 of 12.12.2019 (OJ EPO 2020, A3), in particular Article 2 thereof, which entered into force on 01.04.2020.

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/articl7.html

Date retrieved: 17 May 2021

39 references found.

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EPC Rules relating to Fees

X A. 5 Rfees EPC Payment of fees

EPO Guidelines - A Formalities Examination

X GL A X 4.1 Payment or transfer to a bank account held by the European Patent Organisation

X GL A X 4.2.1 General remarks

X GL A X 4.4 Payment by credit card

X GL A X 6.2.1 Requirements

X GL A X 6.2.4 Payment of fee at the normal fee rate

X GL A X 6.2.5 Amount of fee payable

X GL A X 6.2.6 Noting of loss of rights

EPO Guidelines - D Opposition and Limitation/Revocation Procedures

X GL D IV 1.2.1 Deficiencies which, if not remedied, lead to the opposition being deemed not to have been filed

EPO PCT GL - A Formalities Examination

X GL-PCT A III 3 Methods of payment

EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA

X GA C2.24.3 2.24.3.

Offical Journal of the EPO

X OJ EPO 2021, A26 - Decision of the President of the European Patent Office dated 18 March 2021 amending the Arrangements for deposit accounts (ADA) and Annex A.1 to the ADA – Arrangements for the automatic debiting procedure (AAD)

X OJ EPO 2020, A77 - Decision of the President of the European Patent Office dated 4 June 2020 amending Annex A.1 to the Arrangements for deposit accounts (ADA) ‒ Arrangements for the automatic debiting procedure (AAD) and Annex A.2 to the ADA ‒ [..]

X OJ EPO 2020, A38 - Notice from the European Patent Office dated 30 March 2020 concerning the extension of periods for the payment of fees

X OJ EPO 2020, A30 - Notice from the European Patent Office dated 20 March 2020 concerning search and examination fees

X OJ EPO 2020, A3 - Decision of the Administrative Council of 12 December 2019 amending Articles 2 and 7 of the Rules relating to Fees ( CA/D 12/19 )

X OJ EPO SE 4/2019, p52 - Annex A.3 to the ADA ‒ Fees excluded from the double-payment validation functionality

X OJ EPO SE 4/2019, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]

X OJ EPO SE 4/2019, p10 - Arrangements for deposit accounts (ADA)

X OJ EPO SE 4/2019, p1 - Decision of the President of the European Patent Office dated 20 August 2019 concerning revision of the Arrangements for deposit accounts and their annexes

X OJ EPO SE 3/2019, p26 - D escription of fee codes

X OJ EPO SE 3/2019, p24 - Miscellaneous fees

X OJ EPO 2019, A98 - Announcement of the European qualifying examination 2021 – Pre ‑ examination and main examination

X OJ EPO 2019, A46 - Decision of the President of the European Patent Office dated 22 May 2019 amending Annex A.1 to the ADA – Arrangements for the automatic debiting procedure (AAD) and Annex A.2 to the ADA – Information from the EPO concerning [..]

X OJ EPO 2019, A20 - Decision of the President of the European Patent Office dated 19 February 2019 amending the Arrangements for deposit accounts (ADA)

X OJ EPO SE 2/2018, p24 - D escription of fee codes

X OJ EPO SE 2/2018, p22 - Miscellaneous fees

X OJ EPO 2018, A108 - Announcement of the European qualifying examination 2020 - Pre-examination and main examination

X OJ EPO 2018, A30 - Announcement of the European qualifying examination 2019

X OJ EPO SE 5/2017, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]

X OJ EPO SE 5/2017, p11 - Arrangements for deposit accounts (ADA)

X OJ EPO SE 5/2017, p1 - Decision of the President of the European Patent Office dated 27 September 2017 concerning revision of the Arrangements for deposit accounts and their annexes

X OJ EPO 2017, A72 - Decision of the President of the European Patent Office dated 22 August 2017 concerning the payment of fees by credit card

X OJ EPO 2017, A44 - Decision of the President of the European Patent Office dated 6 June 2017 adding a new provision to the Arrangements for deposit accounts (ADA)

X OJ EPO 2017, A23 - Announcement of the European qualifying examination 2018 - Pre-examination and main examination

Case Law Book: III Amendments

X CLR III D 1.2.2 Applicability of Rule 132 EPC to the Rules relating to Fees

X CLR III U 2.2 Debit orders

X CLR III U 3 Date of payment

X CLR III U 3.1 Fiction of fee payment in due time – ten-day fail-safe arrangement