The Registered Designs (Fees) Rules 2006

Statutory Instruments

2006 No. 2424

DESIGNS

The Registered Designs (Fees) Rules 2006

Made

6th September 2006

Laid before Parliament

8th September 2006

Coming into force

1st October 2006

The Secretary of State, with the consent of the Treasury, in exercise of the powers conferred on him by sections 36 and 40 of the Registered Designs Act 1949(1) makes the following Rules.

He has had regard to the matters specified by article 6 of the Department of Trade and Industry (Fees) Order 1988(2).

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Registered Designs (Fees) Rules 2006 and shall come into force on 1st October 2006.

(2) In these Rules, “the Act” means the Registered Designs Act 1949 and “the Schedule” means the Schedule to these Rules.

Fees for design applications

2.  The fee to be paid for an application for the registration of a design is—

(a) for the first design included in an application, £60;

(b) for any design included after the first design, £40.

Fees to extend the period for which right in the registered design subsists

3.—(1) The fees to be paid to extend the period for which the right in a registered design subsists under section 8(2) of the Act are those specified in Part 2 of the Schedule.

(2) The additional fees prescribed for the purposes of section 8(4) of the Act are those specified in Part 3 of the Schedule.

(3) Where payment of the additional fee is made before the end of the month indicated in the first column of the table in Part 3, the fee to be paid is the amount specified in the second column.

Other fees payable

4.  The fees to be paid in respect of other matters arising under the Act are those specified in Part 1 of the Schedule.

Fees to accompany forms

5.  Where a form—

(a) is required to be used by the Registered Design Rules 2006(3), and

(b) is specified in Part 1 of that Schedule as the corresponding form in relation to any matter,

that form shall be accompanied by the fee specified in respect of that matter.

Revocations

6.  The Registered Designs (Fees) Rules 1998(4) and the Registered Designs (Fees) (Amendment) Rules 2001(5) are revoked.

Alistair Darling

Secretary of State

Department of Trade and Industry

30th August 2006

We consent to the making of these Rules.

Claire Ward

Kevin Brennan

Two of the Lords Commissioners of Her Majesty’s Treasury

6th September 2006

rules 3 and 4

SCHEDULE FEES PAYABLE

PART 1 FORMS

Number of Corresponding Form	Item (references to a rule in this column are to a rule in the Registered Designs Rules 2006)	Amount (£)
DF1A	Change of agent or address for service (rules 36 and 42)	—
DF2A	Application for the registration of a design (rule 4)	see rule 2
DF2B	Application for the registration of a design, which is a subsequent design for the purposes of section 3B(3) (rule 4)	see rule 2
DF2C	Consent for publication	40
DF9A	Application to extend period of protection	see Parts 2 and 3 of the Schedule
DF12A	Application to register title or a notice of interest (rule 27)	—
DF16A	Request to make an alteration to name, address or address for service (rule 34)	—
DF19A	Application for a declaration of invalidity (rule 15)	50
DF19B	Counter-statement in an application for a declaration of invalidity (rule 15)	—
DF19C	Notice by proprietor to cancel a registration (rule 14)	—
DF21	A request for information under section 23 (rule 31)	25
DF23	A certified copy of an entry in the register or a certified extract (rule 32) Where the certification is by way of affixing the seal of the Patent Office Where the certification is by way of rubber stamp	22 16
DF29	Application to restore the right in a design under section 8A (rule 13)	120

PART 2 RENEWAL FEES

In respect of the second period of five years	130
In respect of the third period of five years	210
In respect of the fourth period of five years	310
In respect of fifth period of five years	450

PART 3 ADDITIONAL FEES

Month beginning with the date the right ceased to have effect in accordance with section 8(3) of the Registered Designs Act 1949	Amount of additional fee
1st	0
2nd	24
3rd	48
4th	72
5th	96
6th	120

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules prescribed the fees payable in respect of matters arising under the Registered Designs Act 1949 (c. 88). They reflect the changes made by the Regulatory Reform (Registered Designs) Order 2006 (SI 2006/1974) and the new procedures under the Registered Designs Rules 2006 (SI 2006/1975).

These Rules also revoke previous Rules relating to fees.

A Regulatory Impact Assessment has been placed in the libraries of both Houses of Parliament. Copies of the assessment are available from the Patent Office website (www.patent.gov.uk) or by contacting the Trade Marks and Designs Directorate, The Patent Office, Concept House, Cardiff Road, Newport, NP10 8QQ.

(1)

1949 c. 88; the Act was last amended by SI 2006/1974; sections 36 and 40 were amended by section 272 of, and paragraph 26 of Schedule 3 to, the Copyright, Designs and Patents Act 1988 (c. 48); section 36 was also amended by regulation 9 of, and paragraph 11 of Schedule 1 to, SI 2001/3949.

(2)

SI 1988/93, as amended by SI 1990/1473, which was made under section 102 of the Finance (No. 2) Act 1987 (c.51). See the matters specified in Part 3 of Schedule 1 and Parts 1 and 2 of Schedule 2 to that Order.

(3)

SI 2006/1975.

(4)

SI 1998/1777.

(5)

SI 2001/3951.