Decision of the President of the European Patent Office dated 29 September 2016 revising points 5.3 and 7 of the Arrangements for deposit accounts (ADA)
The President of the European Patent Office, having regard to Articles 5(2) and 7(2) of the Rules relating to Fees, has decided as follows:
Under point 5.3 of the Arrangements for deposit accounts (ADA)[ 1 ], concerning the order of priority for processing debit orders, the following new point 5.3.4 is added:
"5.3.4 If, on the date of receipt of the debit order or on the date specified under point 6.3, 2nd paragraph, the account does not contain sufficient funds to cover all the fees indicated for an application (shortfall), the fees are booked in ascending order of fee codes, as long as the funds allow."
Point 7 ADA[ 2 ] concerning revocation of a debit order is amended to read as follows:
"7.1 A debit order may be revoked in whole or in part by signed written notice from the account holder filed by fax or e-mail attachment. This notice must indicate the number of the deposit account, the number of the application or patent and, in the case of partial revocation, it must specify each fee or expense concerned.
7.2 The notice of revocation or partial revocation is not effective if received by the EPO after the date of receipt of the debit order.
7.3 This revocation procedure applies mutatis mutandis to debit orders with deferred execution dates under point 6.3, 2nd paragraph."
Entry into force
This decision enters into force on 1 November 2016.
Done at Munich, 29 September 2016
[ 1 ] See OJ EPO 2016, A14.
[ 2 ] See the ADA and their annexes (as applicable from 1 April 2015) – supplementary publication 3, OJ EPO 2015.