An electronic debit order is a document filed with the EPO, so errors can be corrected
Payment of the appeal fee in this case was not executed on the date the electronic debit order was received, because in the box for "method of payment", no method was indicated. The correct fee code had been entered, indicating that the appellant intended to pay the appeal fee, but the EPO only received the money via a separate payment after the 2m period for filing the notice of appeal had expired. This payment was accompanied by a request for correction under R. 139 of the submitted electronic debit order, to indicate that the method of payment was "from deposit account".
The notice of appeal was filed on time and contained a statement that the appeal fee was being paid from the deposit account using the attached electronic debit order. This statement was refused as a valid debit order because not in electronically processable format, but was accepted by the Board as evidence of the true intent, along with correctly indicated fee code in the incomplete debit order.
The Board further remarked that the present case clearly falls under the principles established in G 1/12 for corrections in documents filed in appeal: the request was made without delay and the true intent was immediately apparent. Furthermore, no legitimate interests of the public in being able to rely on the information published by the EPO were affected in this case.
The correction was allowed and had retroactive effect, meaning that because on the date the incomplete debit order was received, the payer's deposit account had sufficient funds to cover the appeal fee, that date was considered the date of payment and the notice of appeal had thus been validly filed.
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