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Statutory Instruments

1975 No. 1262

PATENTS

The Patents (Amendment No. 4) Rules 1975

Made

28th July 1975

Laid before Parliament

31st July 1975

Coming into Operation

All Rules except Rule 3

1st August 1975

Rule 3

1st November 1975

The Secretary of State in exercise of powers conferred by sections 94 and 99 of the Patents Act 1949, as amended by the Patents Act 1957, the Patents and Designs (Renewals, Extensions and Fees) Act 1961, and the Patents (Fees Amendment) Order 1974(1), and now vested in him(2), and of all other powers enabling him in that behalf, and with the consent of the Treasury, hereby makes the following Rules:-

1. These Rules may be cited as the Patents (Amendment No. 4) Rules 1975 and shall come into operation on 1st August 1975, except in the case of Rule 3 which shall do so on 1st November 1975.

2. The Interpretation Act 1889 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament and as if these Rules and the Rules hereby revoked were Acts of Parliament.

3. On 1st November 1975, for Schedule 1 to the Patents Rules 1968(3), as amended(4), there shall be substituted the Schedule hereto and the Patents (Amendment) Rules 1975(5) shall thereupon be revoked.

4. Where on or after 1st August 1975 but before 1st November 1975 a request is made for the sealing of a patent in respect of which the complete specification has not been accepted before 1st August 1975, the fee payable on such a request shall be that which would be payable if the request were made on or after 1st November 1975 and Rule 3 of these Rules had come into operation.

5. Where on or after 1st August 1975 but before 1st November 1975 an application is made for a certificate of payment of a patent renewal fee in respect of any year beginning on or after 1st November 1975, the fee payable upon such application shall be that which would be payable if the application were made on or after 1st November 1975 and Rule 3 of these Rules had come into operation.

Stanley Clinton Davis

Parliamentary Under-Secretary of State

Department of Trade

28th July 1975

We consent to the making of these Rules.

J. Dormand

M. Cocks

Two of the Lords Commissioners of Her Majesty's Treasury

28th July 1975

SCHEDULELIST OF FEES PAYABLE

		Corresponding Form
	£
1. On application for a patent	1·00	Patents Form No. 1 or Schedule 3 Form 1A.
2. On Convention application for a patent:-
In respect of each application for protection in a Convention country	1·00	Patents Form No. 1 Con. or Schedule 3 Form 1B.
3. On filing specification:-
Provisional	-	Patents Form No. 2.
Complete	60·00	Patents Form No. 3.
4. On application for grant of patent of addition in lieu of an independent patent	15·00	Patents Form No. 1 Add.
5. Declaration of inventorship of invention disclosed in complete specification	-	Patents Form No. 4.
6. For extension of the period for filing complete specification	13·00	Patents Form No. 5.
7. On request for the post-dating of an application under section 6(3)	10·00	Patents Form No. 6.
8. For extension of time under Rule 30 or 33 or 50:-
Not exceeding one month	8·00	Patents Form No. 7.
Each succeeding month	8·00	Patents Form No. 7.
9. On application for result of search made under sections 7 and 8	0·30	Patents Form No. 8.
10. On application under section 9(2) for deletion of reference	-	Patents Form No. 9.
11. For extension of the period for putting an application in order:-
Up to one month after the period allowed by section 12(1)	8·00	Patents Form No. 10.
Up to two months	16·00	Patents Form No. 10.
Up to three months	24·00	Patents Form No. 10.
12. For postponement of acceptance of complete specification:-
Up to 13 months from date of filing of complete specification	8·00	Patents Form No. 11.
From 13 months to 14 months	8·00	Patents Form No. 11.
From 14 months to 15 months	8·00	Patents Form No. 11.
13. On notice of opposition to grant of patent.
By opponent	10·00	Patents Form No. 12.
14. On hearing by Comptroller. By each party	6·00	Patents Form No. 13.
15. On a request under section 16(3)	4·00	Patents Form No. 14.
16. On a claim under section 16(4)	4·00	Patents Form No. 15.
17. On an application for extension of the period under section 16(5)	6·00	Patents Form No. 16.
18. On an application for a certificate under section 16(8)	10·00	Patents Form No. 17.
19. On a claim under section 17(1) for application to proceed in name of claimants	13·00	Patents Form No. 18.
20. On application for directions under section 17(5)	15·00	Patents Form No. 19.
21. On a request for sealing of a patent	20·00	Patents Form No. 20.
22. On application for extension of the period for requesting the sealing of a patent under section 19(3):-
Not exceeding one month	8·00	Patents Form No. 21.
Not exceeding two months	16·00	Patents Form No. 21.
Not exceeding three months	24·00	Patents Form No. 21.
23. On application for extension of the period for requesting the sealing of a patent under section 19(4):-
Not exceeding one month	8·00	Patents Form No. 22.
Each succeeding month	8·00	Patents Form No. 22.
24. On application under section 20 for amendment of a patent	11·00	Patents Form No. 23.
25.(6) On application for certificate of payment of renewal fee:-
Before the expiration of the 4th year from the date of the patent and in respect of the 5th year	40·00	Patents Form No. 24.
Before the expiration of the 5th year from the date of the patent and in respect of the 6th year	42·00	Patents Form No. 24.
Before the expiration of the 6th year from the date of the patent and in respect of the 7th year	46·00	Patents Form No. 24.
Before the expiration of the 7th year from the date of the patent and in respect of the 8th year	50·00	Patents Form No. 24.
Before the expiration of the 8th year from the date of the patent and in respect of the 9th year	56·00	Patents Form No. 24.
Before the expiration of the 9th year from the date of the patent and in respect of the 10th year	62·00	Patents Form No. 24.
Before the expiration of the 10th year from the date of the patent and in respect of the 11th year	68·00	Patents Form No. 24.
Before the expiration of the 11th year from the date of the patent and in respect of the 12th year	76·00	Patents Form No. 24.
Before the expiration of the 12th year from the date of the patent and in respect of the 13th year	84·00	Patents Form No. 24.
Before the expiration of the 13th year from the date of the patent and in respect of the 14th year	92·00	Patents Form No. 24.
Before the expiration of the 14th year from the date of the patent and in respect of the 15th year	100·00	Patents Form No. 24.
Before the expiration of the 15th year from the date of the patent and in respect of the remainder of the term of the patent	108·00	Patents Form No. 24.
26. On extension of the period for payment of renewal fees:-
Not exceeding one month	8·00	Patents Form No. 25.
Not exceeding two months	16·00	Patents Form No. 25.
Not exceeding three months	24·00	Patents Form No. 25.
Not exceeding four months	32·00	Patents Form No. 25.
Not exceeding five months	40·00	Patents Form No. 25.
Not exceeding six months	48·00	Patents Form No. 25.
27. Certificate of payment of renewal fee	-	Patents Form No. 26.
28. On application under section 24 or 25 for extension of term of patent	19·00	Patents Form No. 27.
29. On opposition to application for extension of term of patent	10·00	Patents Form No. 28.
30. On application for restoration of a patent	15·00	Patents Form No. 29.
31. On notice of opposition to application for restoration of patent	10·00	Patents Form No. 30.
32. Additional fee on restoration of patent	40·00	Patents Form No. 31.
33. On application under section 28 for sealing of patent	15·00	Patents Form No. 32.
34. On opposition to application under section 28	10·00	Patents Form No. 33.
35. Additional fee for sealing under section 28	40·00	Patents Form No. 34.
36. On application to amend specification after acceptance	25·00	Patents Form No. 35.
37. On notice of opposition to amendment. By opponent	10·00	Patents Form No. 36.
38. On application to amend specification not yet accepted	13·00	Patents Form No. 37.
39. On application to amend an application for a patent	13·00	Patents Form No. 38.
39a. Application for the conversion of an application for a patent to a Convention application under Rule 94(2)	-	Patents Form No. 38 con.
40. On application for revocation of a patent under section 33	10·00	Patents Form No. 39.
41. On offer to surrender a patent under section 34	-	Patents Form No. 40.
42. On notice of opposition to surrender of a patent	10·00	Patents Form No. 41.
43. On application for endorsement of patent "Licences of Right"	6·00	Patents Form No. 42.
44. On application for settlement of terms of licence under patent endorsed "Licences of Right"	15·00	Patents Form No. 43.
45. On application by patentee for cancellation of endorsement of patent "Licences of Right"	10·00	Patents Form No. 44.
46. On application for cancellation of endorsement "Licences of Right"	10·00	Patents Form No. 45.
47. On notice of opposition to cancellation of endorsement of patent "Licences of Right"	10·00	Patents Form No. 46.
48. On application under section 37 for grant of compulsory licence or endorsement of a patent "Licences of Right"	15·00	Patents Form No. 47.
49. On application under section 40(1) for endorsement of patent "Licences of Right" or grant of licence	15·00	Patents Form No. 48.
50. On application under section 40(3) for Order of Comptroller	15·00	Patents Form No. 49.
51. On application under section 42 for revocation	10·00	Patents Form No. 50.
52. On opposition to application under section 37, 40, 41 or 42	10·00	Patents Form No. 51.
53. On application for licence under section 41	15·00	Patents Form No. 52.
54. On application under section 55(1) for directions of Comptroller	15·00	Patents Form No. 53.
55. On application under section 55(2) for directions of Comptroller	15·00	Patents Form No. 54.
56. On application under section 56(1) to determine dispute	15·00	Patents Form No. 55.
57. On reference of dispute to Comptroller under section 67(1)	15·00	Patents Form No. 56.
58. For altering name or nationality or address or address for service in register, for each patent	1·00	Patents Form No. 57.
59. On application for entry of name of subsequent proprietor in the register if made within six months from date of acquisition of proprietorship:-	4·00	Patents Form No. 58 or 60.
If made after the expiration of six months but within twelve months from the date of acquisition of proprietorship	10·00	Patents Form No. 58 or 60.
If made after expiration of twelve months from date of acquisition of proprietorship	15·00	Patents Form No. 58 or 60.
On each application covering more than one patent, the devolution of title being the same as in the first patent. For each additional patent	1·00	Patents Form No. 58 or 60.
60. On application for entry of notice of a mortgage or licence in the register, if made within six months from date of acquisition of interest or the sealing of the patent (whichever is the later)	4·00	Patents Form No. 59 or 61.
If made after expiration of six months but within twelve months from date of acquisition of interest or the sealing of the patent (whichever is the later)	10·00	Patents Form No. 59 or 61.
If made after expiration of twelve months from date of acquisition of interest or the sealing of the patent (whichever is the later)	15·00	Patents Form No. 59 or 61.
On each application covering more than one patent, the devolution of title being the same as in the first patent. For each additional patent	1·00	Patents Form No. 59 or 61.
61. On application for entry of notification of a document in the register, if made within six months from date of document or the sealing of the patent (whichever is the later):-	4·00	Patents Form No. 62.
If made after expiration of six months but within twelve months from date of document or the sealing of the patent (whichever is the later)	10·00	Patents Form No. 62.
If made after expiration of twelve months from date of document or the sealing of the patent (whichever is the later)	15·00	Patents Form No. 62.
On each application covering more than one patent, for each additional patent referred to in the same document as the first patent	1·00	Patents Form No. 62.
62. On application for entry in the register of claim to a licence under a patent extended under section 23, 24 or 25	-	Patents Form No. 63.
63. On request to Comptroller to correct a clerical error	8·00	Patents Form No. 64.
64. On notice of opposition to the correction of a clerical error	10·00	Patents Form No. 65.
65. For certificate of Comptroller under section 77(1)	3·00	Patents Form No. 66.
66. On request for information as to a matter affecting a patent or an application therefor	4·00	Patents Form No. 67.
67. For duplicate of patent	10·00	Patents Form No. 68.
68. On notice of Order of Court	-	Patents Form No. 69.
69. On inspection of register or supply of an extract from register, or on inspection of original documents (other than provisional specifications), samples or specimens	0·30
70. For office copy of patent	1·00
71. For certifying office copies, MSS, printed or photographic each	1·00
72. On written enquiry as to whether a patent or patents is or are in force;
for first patent	1·00
for each other patent in the same enquiry	0·30

EXPLANATORY NOTE

These Rules further amend the Patents Rules 1968 so as to increase most of the fees payable under the Act. The new fees are payable on or after 1st November 1975 except in the case of certain sealing fees and in the case of renewal fees paid in advance. Fees payable for the sealing of a patent in respect of which the complete specification was accepted on or after 1st August 1975 but before 1st November 1975 and renewal fees in respect of any year beginning on or after 1st November 1975 are increased on 1st August 1975.

(1)

(1974 III, p. 8421).

(2)

S.I. 1970/1537 (1970 III, p. 5293).

(3)

(1968 II, p. 3958).

(4)

The relevant amending instrument is S.I. 1975/371 (1975 I, p. 1169).

(5)

(1975 I, p. 1169).

(6)

One half only of these fees payable on patents endorsed "Licences of Right"