The Patents (Fees) Rules 2007

• Citation: S.I. 2007/3292
• Sections: 12

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Patents (Fees) Rules 2007 and they shall come into force on 17 th 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.

Section 2 Use of a form

(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.

Section 3 Application fee and the fee to begin the national phase

(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

(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.

Section 3A Electronic filing fee reduction

Where Form 9A or 10 is filed in electronic form or using electronic communications in accordance with directions given under section 124A, the fee specified in Schedule 1 in respect of a request for a search in accordance with rule 27 of the 2007 Rules or a request for a substantive examination in accordance with rule 28 of the 2007 Rules shall in each case be reduced by £30 .

Section 3B Excess claims fee

The fee specified in Schedule 1 in respect of a request for a search under section 17(1) in accordance with rule 27 of the 2007 Rules shall increase by £20 for the 26th and each subsequent claim contained in the application.

Section 3C Excess pages fee

The fee specified in Schedule 1 in respect of a request for a substantive examination of an application under section 18(1) in accordance with rule 28 of the 2007 Rules shall increase by £10 for the 36th and each subsequent page of the description contained in the application.

Section 3D Fee for the grant of a patent

(1) Where rule 30A(1) of the 2007 Rules applies, the fee for the grant of a patent is the sum of the following amounts—

(a) £20 for each qualifying claim, and

(b) £10 for each qualifying page.

(2) For the purposes of this rule—

(a) a “qualifying claim” means any of the 26th or subsequent claims contained in the application which exceed the number of claims contained in the application as at the date when the applicant made a request for a search under section 17(1)(c) as referred to in rule 30A(1)(a)(ii) of the 2007 Rules; and

(b) a “qualifying page” means any of the 36th or subsequent pages of the description contained in the application which exceed the number of pages of the description contained in the application as at the date when the applicant made a request for a substantive examination under section 18(1) as referred to in rule 30A(1)(b)(ii) of the 2007 Rules.

Section 4 Renewal fees

(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.

Section 5 Additional fees for late renewal

(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.

Section 6 Supplementary protection certificates

(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.

Section 7 Other fees

(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.

Section 8 Temporary fee reduction

(1) This rule applies to the fees (“the relevant fees”) specified in Schedule 1 identified in paragraph (3).

(2) During the fee reduction period, the relevant fees are nil.

(3) The relevant fees referred to in paragraph (1) are—

(a) the fee of £135 which must accompany Form 52,

(b) the fee of £150 which must accompany Form 3 on a request for permission to make a late declaration of priority under section 5(2B),

(c) the fee of £150 which must accompany Form 14, and

(d) the fee of £135 which must accompany Form 16.