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

• Citation: S.I. 2010/33
• Sections: 16

Section 1 Citation and commencement

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.

Section 2 Amendments to the Patents Rules 2007

The Patents Rules 2007 are amended as follows.

Section 3 Amendments to the Patents Rules 2007

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

Section 4 Amendments to the Patents Rules 2007

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.

Section 5 Amendments to the Patents Rules 2007

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.

Section 6 Amendments to the Patents (Fees) Rules 2007

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

Section 7 Amendments to the Patents (Fees) Rules 2007

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

Section 8 Amendments to the Patents (Fees) Rules 2007

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

Section 9 Amendments to the Patents (Fees) Rules 2007

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 is £150.

Section 10 Amendments to the Patents (Fees) Rules 2007

(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—

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

Section 11 Amendments to the Patents (Fees) Rules 2007

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

RENEWAL FEE

Section 12 Amendments to the Trade Marks (Fees) Rules 2008

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

Section 13 Amendments to the Trade Marks (Fees) Rules 2008

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

Section 14 Amendments to the Trade Marks (Fees) Rules 2008

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

Section 15 Transitional Provisions

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

Section 16 Transitional Provisions

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.