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Summary:

The document provides information on the renewal fees for patents and supplementary protection certificates in the UK. The schedule outlines the fees for patent renewal, including late renewal, and additional fees for overdue payments. The fees are specified in the Patents Act 1977 and the Patents Rules 2007, and take into account the revocation of the Patents (Fees) Rules 1998. The document also provides information on fees related to supplementary protection certificates for medicinal and plant protection products, as well as fees for publication of translations of international applications and transmission of international applications to the International Bureau and International Searching Authority.

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Schedule 2

Renewal fees

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 220
12th 260
13th 300
14th 360
15th 420
16th 470
17th 520
18th 570
19th 610

Part 2

Additional fee

Month beginning after the expiry of the period for payment of the renewal fee Amount of additional renewal 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 prescribe fees in relation to matters arising under the Patents Act 1977 and the Patents Rules 2007 (SI 2007/3291). These Rules take into account the Patents Rules 2007 and the revocation by those Rules of the Patents (Fees) Rules 1998 (SI 1998/1778) as last amended by the Patents (Amendment) Rules 2005 (SI 2005/2496). There have been no fee increases.

Where a form is specified in Schedule 1 in relation to any matter, that form must be sent to the comptroller together with the relevant fee for that matter, unless the Patents Rules 2007 specify otherwise (rule 2).

The application fees for a national (UK) patent application and for an international application for a patent (UK) are set out in rule 3(1) and the fee for an international application for a patent (UK) to enter the UK national phase is set out in rule 3(2).

Fees for renewal of a patent, including late renewal, are set out in Schedule 2 (rules 4 and 5). Provision is also made for fees in respect of supplementary protection certificates for medicinal and plant protection products. These relate to matters arising under the provisions of Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products (OJ No L 182, 2.7.92, p1) as amended by Regulation (EC) 1902/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use (OJ No L 378, 27.12.2006, p1). As regards plant protection products, the fees relate to Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (OJ No L 198, 8.8.96, p. 30).

The Patents (Supplementary Protection Certificates) Rules 1997 (SI 1997/64), which formerly made provision for fees in respect of supplementary protection certificates for medicinal and plant protection products, have been revoked by the Patents Rules 2007. Schedule 1 sets out certain fees relating to supplementary protection certificates, and rule 6 sets out the fees payable for a supplementary protection certificate to take effect.

Rule 7 sets out other fees relating to publication of translations of international applications and applications to the comptroller for orders to assist in obtaining evidence for proceedings under the European Patent Convention made in Munich on 5th October 1973 (published in Cmnd 8510 Treaty Series 16/1982 and also available on the website of the European Patent Organisation), and the transmission of an international application for a patent from the Patent Office to the International Bureau and the International Searching Authority under the Patent Co-operation Treaty signed at Washington on 19th June 1970 (published in Cmnd 7340 Treaty series 78/1978 and also available on the website of the World Intellectual Property Organisation).

An impact assessment has been prepared and copies placed in the libraries of both Houses of Parliament. Copies are also available from Patents Legal Section, Concept House, Cardiff Road, Newport NP10 8QQ.

Highlights content goes here...

Summary of Schedule 2 – Renewal Fees

The Schedule 2 of the Patents Rules 2007 outlines the fees associated with the renewal of a patent, including late renewal. The renewal fees are listed in Part 1, which specifies the amount to be paid based on the anniversary of the date of filing the patent application. The amounts range from u00a370 for the 4th anniversary to u00a3610 for the 19th anniversary.

Additionally, Part 2 of the schedule outlines an additional fee that may apply if the renewal fee is not paid within the specified period. The amounts for this additional fee are listed for each month subsequent to the expiration of the payment period, ranging from u00a30 for the 1st month to u00a396 for the 5th month.

The explanatory note clarifies that these fees replace the Patents (Fees) Rules 1998, which were revoked by the Patents Rules 2007. It also notes that no fee increases have been made.

The schedule also makes reference to other fees related to supplementary protection certificates for medicinal and plant protection products, as well as fees for international applications and publication of translations. The fees for these purposes are outlined in Schedule 1 and Rules 3 to 7 of the Patents Rules 2007.

Overall, the Schedule 2 provides a clear outline of the renewal fees applicable to patent holders, highlighting the importance of timely payment to avoid additional fees.

Intellectual Property Office

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