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The Patents (Fees) Rules 1988

Type Statutory-Instrument
Publication 1988-05-09
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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Made: 9th May 1988

Laid before Parliament: 17th May 1988

Coming into force—

The Secretary of State, in exercise of the powers conferred on him by section 123(1), (2) and (3) of and paragraph 14 of Schedule 4 to the Patents Act 1977[^f00001], after consultation with the Council on Tribunals pursuant to section 10(1) of the Tribunals and Inquiries Act 1971[^f00002] and with the consent of the Treasury pursuant to subsection (4) of the said section 123, hereby makes the following Rules:

1

2

These Rules shall be construed as one with the Patents Rules 1982[^f00005] and, to the extent that they continue to apply in relation to existing patents and existing applications, the Patents Rules 1968[^f00006].

3

The fees to be paid in respect of any matters arising under the Patents Act 1949[^f00007] or the Patents Act 1977 shall be those specified in the Schedule to these Rules; and in any case where a form specified in the Schedule as the corresponding form in relation to any matter is required by the Patents Rules 1968 or the Patents Rules 1982 to be used, that form shall be accompanied by the fee specified in respect of that matter or, where payment may be made within a prescribed period of time after the form has been filed, the fee so specified shall be paid within that period.

4

Where application is made on or after 9th June 1988 but before 23rd June 1988 for renewal of a patent in respect of any year beginning on or after 23rd June 1988, the fee payable on such application shall be that which would be payable if the application were made on or after 23rd June 1988 and rules 1(2) and 3 above had come into force.

SCHEDULE — FEES PAYABLE

PART A

In this Part of this Schedule, any reference to a section is a reference to that section of the Patents Act 1977 and any reference to a rule is a reference to that rule of the Patents Rules 1982.

Number of corresponding Patents Form Item Amount
£
* One half of these fees payable if entry in the register “Licences of Right”. * One half of these fees payable if entry in the register “Licences of Right”. * One half of these fees payable if entry in the register “Licences of Right”.
1/77 On request for the grant of a patent (the filing fee) 15
2/77 On reference under section 8(1), 12(1) or 37(1) 30
3/77 On application under section 8(5) or 37(3) for authorisation by comptroller 30
4/77 On request for directions under section 10 or 12(4) 30
5/77 On reference under section 11(5) or 38(5) to determine the question of a licence 30
6/77 On application to comptroller under section 13(1) and/or 13(3) 21
7/77 Statement of inventorship and of right to the grant of a patent —
8/77 On request for comptroller’s certificate authorising the release of a sample from a culture collection 10
9/77 On request for preliminary examination and search or request for further search 90
10/77 On request for substantive examination 105
11/77 On request to amend application before grant 24
12/77 [^f01000]On payment of renewal fee—
Before the expiration of the 4th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 5th year 82
Before the expiration of the 5th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 6th year 88
Before the expiration of the 6th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 7th year 96
Before the expiration of the 7th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 8th year 104
Before the expiration of the 8th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 9th year 116
Before the expiration of the 9th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 10th year 126
Before the expiration of the 10th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 11th year 138
Before the expiration of the 11th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 12th year 152
Before the expiration of the 12th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 13th year 170
Before the expiration of the 13th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 14th year 190
Before the expiration of the 14th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 15th year 208
Before the expiration of the 15th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 16th year 230
Before the expiration of the 16th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 17th year 250
Before the expiration of the 17th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 18th year 272
Before the expiration of the 18th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 19th year 302
Before the expiration of the 19th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 20th year 334
13/77 On extension of the period for payment of a renewal fee under section 25(4)—
Not exceeding one month 17
Each succeeding month 17
(but not exceeding six months)
14/77 On application to amend specification after grant 50
15/77 On notice of opposition to amendment of specification after grant 21
16/77 On application for the restoration of a patent 100
17/77 Additional fee on the application for restoration of a patent 100
18/77 An offer to surrender a patent —
19/77 On notice of opposition to offer to surrender a patent 21
20/77 On request for alteration of name, address or address for service in the register, for each patent or application 3
21/77 On application to register or to give notice of a transaction, instrument or event affecting the rights in a patent or application for a patent 21
On each application covering more than one patent or application for a patent, the devolution of title being the same as in the first patent or application for a patent. For each additional request 2
22/77 On request for the correction of an error in the register or in any connected document 16
23/77 On request for the furnishing of or access to miscellaneous informationEach 2
24/77 On request for certificate of the comptroller—
a by impressed stamp 3
b sealed and attached to documents 11
25/77 On application for entry of order of court in the register —
26/77 On application for compensation by employee 29
27/77 On application under section 41(8) in connection with an order made under section 40(1) or 40(2) 29
28/77 On application by proprietor for entry to be made in the register to the effect that licences under the patent are to be available as of right 12
29/77 On application for settlement of terms of licence of right 50
30/77 On application by proprietor under section 47(1) for cancellation of entry in the register 21
31/77 On application under section 47(3) by person interested for cancellation of entry in the register 21
32/77 On notice of opposition to an application under section 47(1) or 47(3) for cancellation of entry in the register 21
33/77 On application under section 48(1) for a compulsory licence or entry in the register 50
34/77 On application by Crown in case of monopoly or merger 50
35/77 On notice of opposition to application made under section 48 or 51 21
36/77 On reference to the comptroller of a dispute as to infringement 50
37/77 On application for declaration of non-infringement 50
38/77 On application for the revocation of a patent 21
39/77 On application to register copy of entry made in European Register of Patents 9
40/77 On payment of filing fee upon conversion of European patent application to an application under the Act 15
41/77 On request for conversion of European patent application 15
43/77 On payment of prescribed fee and request for publication of translation 9
44/77 On application to the comptroller for an international application to be treated as an application under the Act 15
45/77 On application for order for evidence to be obtained in the United Kingdom 29
46/77 On notice that hearing before the comptroller will be attended —
47/77 On request for the correction of an error of translation or transcription, clerical error or mistake 30
48/77 On notice of opposition to the correction of an error, clerical error or mistake 21
49/77 On request for information relating to a patent or an application for a patent 8
50/77 On request for extension of time or period under rule 110(3)Each 100
51/77 On declaration of authorisation where agent appointed during progress of application or in substitution for another —
52/77 On request for extension of time or period under rule 110(3A) 100
53/77 Additional fee for extension of time or period under rule 110(3C) 100
54/77 On filing of translation of European Patent (UK) under section 77(6)(a) 25
55/77 On filing of translation of amendment of European Patent (UK) under section 77(6)(b) 25
56/77 On request for publication of translation of claims of application for European Patent (UK) filed under section 78(7) 25
57/77 On request for publication of a corrected translation filed under section 80(3) 25
— National fee (rule 85(1)) 15
As Receiving Office or International Preliminary Examining Authority under the Patent Co-operation Treaty—
— Transmittal Fee (rule 118(1)) 15
— Preliminary Examination Fee (rule 120) 50
— Additional fee (rule 121)Maximum 50

PART B

In this Part of this Schedule—

Number of corresponding Patents Forms Item Amount
£
1 Add Application for grant of patent of addition in lieu of independent patent 29
7 For extension of time under rule 30, 33 or 50—
Not exceeding one month 16
Each succeeding month 16
8 On application for result of search made under sections 7 and 8 2
9 On application under section 9(2) for deletion of reference —
13 On notice that hearing before the comptroller will be attended —
14 On request under section 16(3) 8
15 On claim under section 16(4) 8
16 On application for extension of the period under section 16(5) 11
17 On application for a certificate under section 16(8) 21
18 On claim under section 17(1) for application to proceed in name of claimants 24
19 On application for directions under section 17(5) 29
20 On request for sealing of a patent 20
21 On application for extension of the period for requesting the sealing of a patent under section 19(3)—
Not exceeding one month 16
Each succeeding month 16
22 On application for extension of the period for requesting the sealing of a patent under section 19(4)—
Not exceeding one month 16
Each succeeding month 16
23 On application under section 20 for amendment of a patent 50
32 On application under section 28 for sealing of a patent 29
33 On opposition to application under section 28 21
34 Additional fee for sealing under section 28 74
35 On application to amend specification after acceptance 46
36 On notice of opposition to amendment 21
37 On application to amend specification not yet accepted 24
38 On application to amend an application for a patent 24
39 On application for revocation of a patent under section 33 21
43 On application for settlement of terms of licence under patent endorsed “Licences of right” 50
44 On application by patentee for cancellation of endorsement of patent “Licences of Right” 50
45 On application for cancellation of endorsement “Licences of Right” 50
46 On notice of opposition to cancellation of endorsement of patent “Licences of Right” 50
53 On application under section 55(1) for directions of comptroller 50
54 On application under section 55(2) for directions of comptroller 50
55 On application under section 56(1) to determine dispute 50
63 On application for entry in the register of claim to a licence under a patent extended under section 23, 24 or 25 —
64 On request to comptroller to correct a clerical error 30
65 On notice of opposition to the correction of a clerical error 21
68 For duplicate of patent 21
69 On application for entry of order of court in the register —

Signed

John Butcher — Department of Trade and Industry — 5th May 1988

We consent to the making of these Rules.

Michael Neubert — Mark Lennox-Boyd — Two of the Lords Commissioners of Her Majesty’s Treasury — 9th May 1988

Explanatory note

(This note is not part of the Rules)

These Rules revoke and replace the Patents (Fees) Rules 1987. The fees payable under the Patents Act 1977 on forms 1/77, 9/77, 10/77, 12/77, 24/77, 40/77, 41/77 and 44/77, and in respect of international applications for patents are increased with effect from 23rd June 1988, except in the case of fees payable for the renewal of a patent in respect of any year beginning on or after 23rd June 1988, which are increased with effect from 9th June 1988. The fees payable on form 46/77 under the Patents Act 1977 and on form 13 under the Patents Act 1949 are abolished. It is estimated that the total amount of fees collected per annum at the new levels will be 4.5 per cent greater than the amount collected per annum at the existing levels.

Footnotes

[^f00001]: 1977 c. 37.

[^f00002]: 1971 c. 62.

[^f00003]: S.I. 1987/610, amended by S.I. 1987/753.

[^f00004]: S.I. 1987/753.

[^f00005]: S.I. 1982/717; relevant amending instruments are S.I. 1985/1166, 1987/288.

[^f00006]: S.I. 1968/1389, revoked with savings by S.I. 1978/216.

[^f00007]: 1949 c. 87.

[^f00008]: S.I. 1978/216, to which there are amendments not relevant to these Rules.

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