Statutory Instrument 1988 No. 855

The Patents (Fees) Rules 1988

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© Crown Copyright 1988

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1988 No. 855

PATENTS

The Patents (Fees) Rules 1988

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^[1], after consultation with the Council on Tribunals pursuant to section 10(1) of the Tribunals and Inquiries Act 1971^[2] and with the consent of the Treasury pursuant to subsection (4) of the said section 123, hereby makes the following Rules:

    1.—(1)  These Rules may be cited as the Patents (Fees) Rules 1988 and shall come into force as respects rules 1(1), 2 and 4 on 9th June 1988 and as respects rules 1(2) and 3 on 23rd June 1988.

    (2)  The Patents (Fees) Rules 1987^[3] and the Patents (Fees) (Amendment) Rules 1987^[4] are hereby revoked.

    2.    These Rules shall be construed as one with the Patents Rules 1982^[5] and, to the extent that they continue to apply in relation to existing patents and existing applications, the Patents Rules 1968^[6].

    3.    The fees to be paid in respect of any matters arising under the Patents Act 1949^[7] 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.

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

[1] 1977 c. 37. back

[2] 1971 c. 62. back

[3] S.I. 1987/610, amended by S.I. 1987/753. back

[4] S.I. 1987/753. back

[5] S.I. 1982/717; relevant amending instruments are S.I. 1985/1166, 1987/288. back

[6] S.I. 1968/1389, revoked with savings by S.I. 1978/216. back

[7] 1949 c. 87. back

Explanatory Note