ADA 2015 - changes for deposit accounts

Key point

The Arrangements for deposit accounts (ADA) have been updated (OJ2015, Suppl 3, p. 8; entry into force 1 April 2015). The main point is that automatic debit orders can now also be used for PCT proceedings before the EPO.

Changes relating to repayment

4.3 Repayments of deposit account balances are possible for specific business-related reasons, e.g. closure of the deposit account, ceasing to work as a European patent attorney, or termination of patent proceedings.

4.4 Repayments of deposit account balances can only be remitted to the deposit account holder. For this purpose, the deposit account holder must submit to the EPO, by letter, fax or email attachment, a signed substantiated request containing all bank details necessary for the transfer. The EPO may request further evidence to confirm the account holder's identity and the bank details.

10.1 A deposit account may be closed at the signed written request, on paper or by fax,  of the holder or his successors in title, filed by letter, fax, or email attachment. Successors in title must provide the EPO with documentary proof of their entitlement.

That the EPO intends to check more carefully before transferring the account balance to some bank account, seems positive.

Statement of accounts

 5.4 Registered online users can inspect their transactions and download their statements via Online Fee Payment. Other registered account holders are sent a detailed statement of account several times a month by post postal services. If no transactions have occurred, the statement of account is sent at year-end only. Any errors noted must be notified to the EPO without delay. The EPO checks this information and makes any corrections necessary, retroactively to the original decisive payment date.

Presumably, the rule for accounts of users which are not registered online users, is that if no transactions have occured in one month for, no statement is sent over that mont, apart for december: all such accounts receive a statement at year end.
The error can presumably also be a payment which has erroneously not been carried out by EPO. This seems to form another kind of remedy.

This post was kept in stock for some time.