LegalizeThe Patents (Fees) Rules 2007
Made: 19th November 2007
Laid before Parliament: 22nd November 2007
Coming into force: 17th December 2007
The Secretary of State makes the following Rules in exercise of the powers conferred upon him by section 123 of the Patents Act 1977 .
In accordance with article 7 of the Department of Trade and Industry (Fees) Order 1988 , he has taken into account the functions and matters specified in Part 4 of Schedule 1 and Parts 1 and 2 of Schedule 2 to that Order.
Citation, commencement and interpretation
1
- (1) These Rules may be cited as the Patents (Fees) Rules 2007 and they shall come into force on 17th December 2007.
- (2) In these Rules—
- (a) “the Act” means the Patents Act 1977 and references to a section are references to a section of the Act; ...
- (b) “the 2007 Rules” means the Patents Rules 2007; and
- (c) “the fee reduction period” means the period beginning on 30th July 2020 and ending on 31st March 2021.
Use of a form
2
- (1) Except where any of rules 3 to 8 apply, the fees to be paid in respect of any matters arising under the Act are those specified in Schedule 1.
- (2) Where a form—
- (a) is required to be used by the 2007 Rules; and
- (b) is specified in Schedule 1 as the corresponding form in relation to any matter,
that form must be accompanied by the fee specified in respect of that matter.
- (3) But where any provision of the 2007 Rules permits payment to be made before or after the form has been filed, the fee may be paid accordingly.
Application fee and the fee to begin the national phase
3
- (1) The application fee is—
- (a) in respect of an international application for a patent (UK), nil;
- (b) except as provided in paragraph (3), in respect of any other application for a patent, including an application treated as an application under the Act following a direction under section 81 (conversion of European patent applications)—
- (i) which is filed in electronic form or using electronic communications in accordance with directions given under section 124A, specified in Table 1; and
- (ii) which is filed otherwise than in the form referred to in subparagraph (i), specified in Table 2
| Where the filing of the application is accompanied by the application fee | £60 |
|---|---|
| Where the filing of the application is not accompanied by the application fee | £75 |
| Where the filing of the application is accompanied by the application fee | £90 |
| --- | --- |
| Where the filing of the application is not accompanied by the application fee | £112.50 |
- (2) The prescribed fee to begin the national phase of an international application for a patent (UK) is £30.
- (3) During the fee reduction period, where the filing of the application is not accompanied by the application fee, the application fee—
- (a) in Table 1, is £60;
- (b) in Table 2, is £90.
Renewal fees
4
- (1) Subject to paragraphs (2) and (3), the fee to be paid to keep a patent in force after a renewal date which falls on the anniversary indicated in the first column of the table in Part 1 of Schedule 2 is the amount specified in relation to that anniversary in the second column.
- (2) Where rule 37(3) of the 2007 Rules applies, the fee to be paid to keep a patent in force after the first renewal date is the sum of the following amounts—
- (a) the amount specified in relation to the relevant anniversary; and
- (b) the amounts specified in relation to all previous anniversaries.
- (3) Where rule 37(4) of the 2007 Rules applies, the fee to be paid to keep a patent in force after the first renewal date is the amount specified in relation to the relevant anniversary.
- (4) For the purposes of paragraphs (2) and (3), the relevant anniversary is the last anniversary to fall on or before the first renewal date.
Additional fees for late renewal
5
- (1) Except as provided in paragraph (3), the additional fees prescribed for late payment under section 25(4) are specified in Part 2 of Schedule 2.
- (2) Where payment is made before the end of the month indicated in the first column of that table, the fee to be paid is the amount specified in the second column.
- (3) During the fee reduction period, the additional fees referred to in paragraph (1) are nil.
Supplementary protection certificates
6
- (1) The prescribed fee payable for a supplementary protection certificate to take effect is set in accordance with paragraph (2).
- (2) Where the certificate expires during the period of one year beginning with—
- (a) the start date, the fee is £600;
- (b) the first anniversary of the start date, the fee is £1,300;
- (c) the second anniversary of the start date, the fee is £2,100;
- (d) the third anniversary of the start date, the fee is £3,000; or
- (e) the fourth anniversary of the start date, the fee is £4,000.
- (3) The period in paragraph (2) shall be calculated without reference to any extension of the duration of a supplementary protection certificate under Article 13(3) of the Medicinal Products Regulation .
- (4) Except as provided in paragraph (6), the additional fee prescribed for the purposes of paragraph 5(b) of Schedule 4A to the Act (supplementary protection certificates) shall be half the prescribed fee.
- (5) In this rule “start date” is the first day following the day on which the basic patent expires.
- (6) During the fee reduction period, the additional fee referred to in paragraph (4) is nil.
Other fees
7
- (1) The prescribed fee to publish a translation filed at the Patent Office under section 89A(3) or (5) (international and national phases of application) is £12.
- (2) The prescribed fee for an application to the comptroller for an order under the Evidence (Proceedings in Other Jurisdictions) Act 1975 as applied by section 92(1) (obtaining evidence for proceedings under the European Patent Convention) is nil.
- (3) The fee to transmit an international application for a patent filed at the Patent Office to the International Bureau and the International Searching Authority is £75.
- (3A) The fee to request restoration of the right of priority of an international application for a patent filed at the Patent Office in accordance with the Patent Co-operation Treaty is £150.
- (4) In paragraph (3) “International Searching Authority” has the same meaning as in the Patent Co-operation Treaty.
SCHEDULE 1 — USE OF FORMS
| Patents Form Number | Item | Item | Amount (£) |
|---|---|---|---|
| 1 | On request for the grant of a patent in accordance with rule 12(1) of the 2007 Rules | On request for the grant of a patent in accordance with rule 12(1) of the 2007 Rules | |
| 2 | On starting proceedings in relation to applications, references or requests in accordance with rule 76(1) of, and the provisions mentioned in Part 1 of Schedule 3 to, the 2007 Rules (except those started on Form SP3) | On starting proceedings in relation to applications, references or requests in accordance with rule 76(1) of, and the provisions mentioned in Part 1 of Schedule 3 to, the 2007 Rules (except those started on Form SP3) | 50 |
| On applying for the review of an opinion in accordance with rule 98(3) of the 2007 Rules | On applying for the review of an opinion in accordance with rule 98(3) of the 2007 Rules | 50 | |
| 3 | On making a declaration for the purposes of section 5(2), in relation to an earlier relevant application filed during the period allowed by section 5(2A)(a), in accordance with rule 6 of the 2007 Rules | On making a declaration for the purposes of section 5(2), in relation to an earlier relevant application filed during the period allowed by section 5(2A)(a), in accordance with rule 6 of the 2007 Rules | 40 |
| On request for permission to make a late declaration of priority under section 5(2B) in accordance with rule 7 of the 2007 Rules | On request for permission to make a late declaration of priority under section 5(2B) in accordance with rule 7 of the 2007 Rules | 150 | |
| 4 | On continuing proceedings following receipt of a counter-statement in accordance with rule 80(1A) of the 2007 Rules | On continuing proceedings following receipt of a counter-statement in accordance with rule 80(1A) of the 2007 Rules | 350 |
| 7 | On making a statement identifying the inventor and indicating the derivation of the right to the grant of a patent under section 13(2) in accordance with rule 10(4) of the 2007 Rules | On making a statement identifying the inventor and indicating the derivation of the right to the grant of a patent under section 13(2) in accordance with rule 10(4) of the 2007 Rules | |
| 8 | On request for a certificate authorising the release of a sample of biological material in accordance with rule 13(1) of, and paragraph 4 or 7 of Schedule 1 to, the 2007 Rules | On request for a certificate authorising the release of a sample of biological material in accordance with rule 13(1) of, and paragraph 4 or 7 of Schedule 1 to, the 2007 Rules | |
| 8A | On request that a sample of the biological material should only be made available to an expert in accordance with rule 13(1) of, and paragraph 6 of Schedule 1 to, the 2007 Rules | On request that a sample of the biological material should only be made available to an expert in accordance with rule 13(1) of, and paragraph 6 of Schedule 1 to, the 2007 Rules | |
| 9 | On request for a further search under section 17(6) or payment for a supplementary search under section 17(8) (in relation to applications initiated before 1st January 2005) in accordance with paragraph 5 of Schedule 5 to the 2007 Rules | On request for a further search under section 17(6) or payment for a supplementary search under section 17(8) (in relation to applications initiated before 1st January 2005) in accordance with paragraph 5 of Schedule 5 to the 2007 Rules | 100 |
| 9A | On request for a search under section 17(1) in accordance with rule 27 of the 2007 Rules— | On request for a search under section 17(1) in accordance with rule 27 of the 2007 Rules— | |
| (a) | in respect of an international application for a patent (UK), which has already been the subject of a search by the International Searching Authority; | 150 | |
| (b) | in respect of any other application. | 180 | |
| On request for a further search under section 17(6) or payment for a supplementary search under section 17(8) in accordance with rule 27 of the 2007 Rules | On request for a further search under section 17(6) or payment for a supplementary search under section 17(8) in accordance with rule 27 of the 2007 Rules | 180 | |
| 10 | On request for a substantive examination of an application in accordance with rule 28 of the 2007 Rules | On request for a substantive examination of an application in accordance with rule 28 of the 2007 Rules | 130 |
| 12 | (See Schedule 2) | (See Schedule 2) | |
| 14 | On request under section 20A for reinstatement of an application in accordance with rule 32 of the 2007 Rules | On request under section 20A for reinstatement of an application in accordance with rule 32 of the 2007 Rules | 150 |
| 15 | On giving notice of opposition in accordance with rule 76 of, and the provisions mentioned in Part 2 of Schedule 3 to, the 2007 Rules | On giving notice of opposition in accordance with rule 76 of, and the provisions mentioned in Part 2 of Schedule 3 to, the 2007 Rules | 50 |
| 16 | On application under section 28 for restoration of a patent in accordance with rule 40 of the 2007 Rules | On application under section 28 for restoration of a patent in accordance with rule 40 of the 2007 Rules | 135 |
| 17 | On request for an opinion under section 74A in accordance with rule 93 of the 2007 Rules | On request for an opinion under section 74A in accordance with rule 93 of the 2007 Rules | 200 |
| 20 | On request to correct a name in accordance with rule 49 of the 2007 Rules | On request to correct a name in accordance with rule 49 of the 2007 Rules | |
| 21 | On application to register (or to give notice of) any transaction, instrument or event mentioned in section 32(2)(b) or 33(3) in accordance with rule 47 of the 2007 Rules | On application to register (or to give notice of) any transaction, instrument or event mentioned in section 32(2)(b) or 33(3) in accordance with rule 47 of the 2007 Rules | 50 |
| 23 | On application for a certified copy of an entry in the register, or a certified extract from the register, or of a relevant document in accordance with rule 46(1) or 48(5) of the 2007 Rules | On application for a certified copy of an entry in the register, or a certified extract from the register, or of a relevant document in accordance with rule 46(1) or 48(5) of the 2007 Rules | 20 |
| On application for an uncertified copy of an entry in the register, or an uncertified extract from the register, or of a relevant document in accordance with rule 46(2) or 48(5) of the 2007 Rules | On application for an uncertified copy of an entry in the register, or an uncertified extract from the register, or of a relevant document in accordance with rule 46(2) or 48(5) of the 2007 Rules | 5 | |
| On request for a certified copy of an international application filed at the Patent Office as the competent receiving Office in accordance with rule 65(4) of the 2007 Rules | On request for a certified copy of an international application filed at the Patent Office as the competent receiving Office in accordance with rule 65(4) of the 2007 Rules | 20 | |
| On application for a certificate in accordance with rule 46(3) of the 2007 Rules | On application for a certificate in accordance with rule 46(3) of the 2007 Rules | 20 | |
| 28 | On application under section 46(1) for an entry to be made on the register that a licence is available as of right in accordance with rule 43(1) of the 2007 Rules | On application under section 46(1) for an entry to be made on the register that a licence is available as of right in accordance with rule 43(1) of the 2007 Rules | |
| 30 | On application under section 47(1) for the cancellation of an entry made under section 46 in accordance with rule 43(3) of the 2007 Rules | On application under section 47(1) for the cancellation of an entry made under section 46 in accordance with rule 43(3) of the 2007 Rules | |
| 49 | On request to be notified of a relevant event in accordance with rule 54 of the 2007 Rules | On request to be notified of a relevant event in accordance with rule 54 of the 2007 Rules | 25 |
| 51 | On appointment of an agent in accordance with rule 101 of the 2007 Rules | On appointment of an agent in accordance with rule 101 of the 2007 Rules | |
| 52 | On request for extension of a period of time in accordance with rule 108(2) and (3) of the 2007 Rules | On request for extension of a period of time in accordance with rule 108(2) and (3) of the 2007 Rules | 135 |
| 54 | On filing a translation of the specification of a European patent (UK) in accordance with rule 56 of the 2007 Rules | On filing a translation of the specification of a European patent (UK) in accordance with rule 56 of the 2007 Rules | |
| On filing a translation of the claims of the specification of an application for a European patent (UK) in accordance with rule 56 of the 2007 Rules | On filing a translation of the claims of the specification of an application for a European patent (UK) in accordance with rule 56 of the 2007 Rules | ||
| On filing a corrected translation under section 80(3) in accordance with rule 57 of the 2007 Rules | On filing a corrected translation under section 80(3) in accordance with rule 57 of the 2007 Rules | ||
| SP1 | On application for a supplementary protection certificate under Article 8 of the Medicinal Products or Plant Protection Products Regulations in accordance with rule 116 of the 2007 Rules | On application for a supplementary protection certificate under Article 8 of the Medicinal Products or Plant Protection Products Regulations in accordance with rule 116 of the 2007 Rules | 250 |
| SP2 | (see rule 6) | (see rule 6) | |
| SP3 | On application to review lapse or for a declaration of invalidity under Articles 14 or 15 of the Medicinal Products or Plant Protection Products Regulations or for revocation of an extension of the duration of a supplementary protection certificate under Article 15a of the Medicinal Products Regulation in accordance with rule 76 of the 2007 Rules | On application to review lapse or for a declaration of invalidity under Articles 14 or 15 of the Medicinal Products or Plant Protection Products Regulations or for revocation of an extension of the duration of a supplementary protection certificate under Article 15a of the Medicinal Products Regulation in accordance with rule 76 of the 2007 Rules | 50 |
| SP4 | On application for an extension of the duration of a supplementary protection certificate under Article 8 of the Medicinal Products Regulation in accordance with rule 116 of the 2007 Rules | On application for an extension of the duration of a supplementary protection certificate under Article 8 of the Medicinal Products Regulation in accordance with rule 116 of the 2007 Rules | 200 |
SCHEDULE 2 — RENEWAL FEES
PART 1 — RENEWAL FEE
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