Safeguards when making EPO payments

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Safeguards when making EPO payments

Sponsored by

inspicos-400px recrop.jpg
deadline-6575681.jpg

A case concerning a payment made after the nine-month opposition period because of a problem with the EPO’s online filing software offers a useful checklist, says Edward Farrington of Inspicos

A recent technical board of appeal (the Board) decision, T 480/21, has highlighted the circumstances in which periods for making payments to the EPO can be extended, under the EPO’s Arrangements for Deposit Accounts (ADA).

In T 480/21, a professional representative attempted to file an opposition on the last day of the nine-month opposition period. They received repeated error messages from the EPO’s online filing system, and eventually filed the opposition and associated evidence by fax.

However, the EPO does not accept payment orders sent via fax, and the representative therefore made the payment the following day. As the payment was made after the nine-month opposition period, the opposition was deemed by the EPO not to have been filed. The opponent appealed this finding.

Point 5.5 of the ADA published in 2019 provides a safeguard, in that “If a payment period expires on a day on which one of the accepted means of filing debit orders under point 5.1.2 is not available at the EPO, the payment period is extended to the first day thereafter on which all such means as are available”.

The Board firstly considered the individuals involved to be highly experienced, and their witness statements to be credible. Secondly, the Board considered the computer set-up to be correct, and that – even though an older version of the software was being used – this had not been withdrawn by the EPO. The Board also found that the error message was genuine and that a faulty internet connection was unlikely.

Furthermore, the Board found that the EPO’s responsibility extended to software installed by users outside the EPO’s premises and servers.

On January 19 2024, it was therefore judged that the error was attributable to the EPO, and thus point 5.5 of the ADA applied. Due to the error in the present case, the payment period was extended to the next day, and was deemed to be validly paid.

Decision T 480/21 presents a useful checklist for actions to be taken if the EPO’s online filing software is suspected of malfunctioning when making a payment to the EPO.

more from across site and ros bottom lb

More from across our site

Law firm Stephens Scown secured victory for its client in a dispute over two cider products
The Court of Appeal said the UPC can award damages based on a national court’s infringement ruling, giving the last laugh to the lawyer who filed the case
AI
Robert Guthrie at Osborne Clarke runs through the government’s AI and copyright consultation and considers the expected challenges
A lawyer firing Meta as a client has reinforced why the industry should not shy away from losing business from those with questionable ethical standards, even if it comes at a cost
A blow for Getty ahead of its AI showdown with Stability AI and a licensing deal between Nokia and Samsung were among the big talking points this week
The IP Federation has written to the UPC Court of Appeal’s presiding judge ahead of a crucial decision on whether in-house lawyers and attorneys can represent their employers in litigation
A Boies Schiller Flexner partner explains how he helped toy company Tangle prevail in a copyright case concerning a kinetic sculpture
Awards
Submit your nominations for this year's WIBL Americas Awards by February 28
Awards
Research for the annual Women in Business Law Awards has begun – submit your entries by February 28
Sources at four firms tell Managing IP whether COVID-induced policies such as remote working have helped save money and outline the effect on their practices
Gift this article