Fee levels and payment methods
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121
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Fee levels, payment methods and effective payment dates are governed by the Rules relating to Fees (RFees) and by measures adopted by the President of the EPO implementing certain provisions of those Rules.
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Art. 2, 5, 8 RFees,
Supplement to OJ 2/2002 (ADA)
Guid. A-XI
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Guidance on fee payment is published in each issue of the EPO's Official Journal, so you should consult the latest issue to find out the current situation.
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122
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Note the following advice and recommendations on paying fees to the EPO:
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All fees, even those for a European patent application filed with a national authority, must be paid direct to the EPO. This can be done by payment or transfer to a bank or giro account held by the EPO2, by delivery or remittance of cheques made payable to the EPO (see (e) below) or by debiting a deposit account opened with the EPO.
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(b)
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Depending on how you pay, the deemed date of payment is the day on which
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Art. 8 RFees
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the amount of the payment or transfer is actually credited to a bank or giro account held by the Office
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the cheque is received at the EPO, provided that the cheque is met
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the order to debit a deposit account is received at the EPO.
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It is advisable to pay fees as promptly as possible, preferably when you file the European patent application.
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(c)
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If a payment is received after the time limit by which it should have been made, the time limit is deemed to have been met if you can prove to the Office that:
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Art. 8(3) RFees,
Point 6.8 ADA
Guid. A-XI, 6.2
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(1)
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in a contracting state, before the relevant time limit expired,
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you effected the payment through a banking establishment or post office, or
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you duly gave an order to a banking establishment or post office to transfer the relevant amount, or
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you despatched at a post office a letter addressed to the Office and containing a cheque or an order debiting a deposit account opened with the EPO, provided that the cheque is met or that there are sufficient funds on the deposit account on the date when the time limit expires.
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(2)
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you have paid a surcharge of 10% on the relevant fee or fees, but not exceeding EUR 150; no surcharge is payable if you took one of the actions listed in (1) above no later than ten days before expiry of the period for payment.
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The Office may request you to produce evidence of the date on which you took one of the actions listed in (1), and where necessary to pay the surcharge, within a period which it specifies. If you fail to comply with this request, if you produce insufficient evidence, or if you fail to pay the required surcharge in due time, the time limit for payment is deemed not to have been met.
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Art. 8(4) RFees
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(d)
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If you pay fees through a banking establishment, you may use the bank of your choice. Payments and transfers must be made payable to an account of the European Patent Organisation.
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(e)
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Cheques should not be enclosed with European patent applications filed with a national authority, as payment is not deemed to have been effected until the date on which the cheque is received by the EPO.
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(f)
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If you file a European patent application with the EPO or a national authority and have a deposit account with the EPO, you can pay fees due on filing simply and securely by debiting your deposit account; you merely have to fill in the appropriate section of the fee payment form that you enclose with the application.
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Art. 8(2) RFees
Guid. A-XI, 3.3
Supplement to OJ 2/2002
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The EPO also accepts debit orders issued by telex or fax or filed electronically.
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Point 6.2 ADA
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If you file your application with a national authority and the EPO does not receive the enclosed debit order until after the time limit for fee payment has expired, you are deemed to have met the time limit if there were sufficient funds on your deposit account on the date when the time limit expired.
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Point 6.10 ADA
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If you are an EPO deposit account holder, you also have the option of issuing an automatic debit order (using Section 43 of the Request for Grant, see Supplements).
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Supplement to OJ 2/2002, Annex A.1 and A.2;
Guid. A-XI, 3.4
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(g)
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Regardless of how you choose to pay, it is always advisable to use the fee payment form (see Supplements) to communicate particulars concerning payments. You can obtain the form free of charge from the EPO or from the central industrial property offices of the contracting states, or you can download it from the EPO website (www.european-patent-office.org).
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Art. 7 RFees
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C. Preparing and filing a European patent application
Fees
