The Patents and Patents and Trade Marks (Fees) (Amendment) Rules 2010

Citation and commencement

1.  These Rules may be cited as the Patents and Patents and Trade Marks (Fees) (Amendment) Rules 2010 and come into force on 6th April 2010.

Amendments to the Patents Rules 2007

2.  The Patents Rules 2007(1) are amended as follows.

3.  In rule 80(1)(a) (Evidence rounds and the hearing) omit “and” and after paragraph (a) insert—

“(aa) specify the period within which the claimant must file Patents Form 4; and”.

4.  After rule 80(1) insert—

“(1A) If the claimant wishes to continue the proceedings following receipt of the counter-statement, the claimant must file Patents Form 4.”.

5.  After rule 81 (Alteration of time limits) insert—

“Failure to file Patents Form 4

81A.   If the claimant fails to file Patents Form 4 within the period specified by the comptroller the claimant shall be deemed to have filed a request to withdraw from the proceedings.”.

Amendments to the Patents (Fees) Rules 2007

6.  The Patents (Fees) Rules 2007(2) are amended as follows.

7.  In rule 3A (Electronic filing fee reduction) for “£10” substitute “£20”.

8.  In rule 7(3) (Other fees) for “£55” substitute “£75”.

9.  After rule 7(3) insert—

“(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(3) is £150.”.

10.—(1) Schedule 1 (Use of Forms) is amended as follows.

(2) In the entry “Patents Form Number 9A” for “80” substitute “120” and for “100” in both places where it appears substitute “150”.

(3) In the entry “Patents Form Number 10” for “70” substitute “100”.

(4) After the entry “Patents Form Number 3” insert the following—

“4

On continuing proceedings following receipt of a counter-statement in accordance with rule 80(1A) of the 2007 Rules

350”.

(5) In the third column of the entry “Patents Form Number 21” insert “50”.

11.  In Schedule 2 (Renewal Fees) for Part 1 substitute the following—

“PART 1 RENEWAL FEE

Anniversary of date of filing	Amount (£)
4th	70
5th	90
6th	110
7th	130
8th	150
9th	170
10th	190
11th	210
12th	250
13th	290
14th	350
15th	410
16th	460
17th	510
18th	560
19th	600”

Amendments to the Trade Marks (Fees) Rules 2008

12.  The Schedule to the Trade Marks (Fees) Rules 2008(4) is amended as follows.

13.  After the entry “TM16 – Request to enter details of an assignment (rule 49(1)(a)) – 50” insert the following—

TM24

Request to enter details relating to the grant, amendment or termination of any security interest or the making by personal representatives of an assent or to an order of a court or other competent authority (rule 49(1)(d) and (e))

50

14.  After the entry “TM36 – Request to amend regulations governing the use of a certification or collective mark (rule 30(1)) – 100” insert the following—

	TM50	Request to enter details relating to a grant of a licence (rule 49(1)(b))	50
	TM51	Request to enter details relating to an amendment to, or termination of a licence (rule 49(1)(c))	50

Transitional Provisions

15.  Rules 3, 4 and 5 shall not apply to proceedings which started before 6th April 2010.

16.  Rule 11 shall not apply to a renewal fee paid on or after 6th April 2010 in respect of a renewal date which falls prior to 6th April 2010 if it is paid by the end of the period specified in section 25(4) of the Patents Act 1977.

David Lammy

Minister of State for Higher Education and Intellectual Property

Department for Business, Innovation and Skills

7th January 2010