The Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020

JurisdictionUK Non-devolved
CitationSI 2020/644
Year2020

2020 No. 644

Intellectual Property

The Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020

Made 25th June 2020

Laid before Parliament 29th June 2020

Coming into force 30th July 2020

The Secretary of State, in exercise of the powers conferred by section 123 of the Patents Act 19771, sections 78 and 79 of the Trade Marks Act 19942and sections 36 and 40 of the Registered Designs Act 19493and with the consent of the Treasury makes the following Rules.

In accordance with articles 5, 6 and 7 of the Department of Trade and Industry (Fees) Order 19884, the Secretary of State has taken into account the functions and matters specified in Parts 2, 3 and 4 of Schedule 1 and Parts 1 and 2 of Schedule 2 to that Order.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Rules may be cited as the Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020 and come into force on 30th July 2020.

Amendments to the Patents (Fees) Rules 2007

Amendments to the Patents (Fees) Rules 2007

S-2 The Patents (Fees) Rules 2007 are amended as follows.

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

2. The Patents (Fees) Rules 20075are amended as follows.

S-3 In rule 1(2)— in sub-paragraph (a), omit “and” in the second...

3. In rule 1(2)—

(a) in sub-paragraph (a), omit “and” in the second place it occurs;

(b) in sub-paragraph (b), omit “Rules 2007.” and substitute “Rules 2007; and”;

(c) after sub-paragraph (b) insert—

“(c)

“(c) “the fee reduction period” means the period beginning on 30th July 2020 and ending on 31st March 2021.”.

S-4 In rule 2(1), omit “rules 3 to 7” and substitute “rules 3 to 8”.

In rule 2(1), omit “rules 3 to 7” and substitute “rules 3 to 8”.

4. In rule 2(1), omit “rules 3 to 7” and substitute “rules 3 to 8”.

S-5 In rule 3— in paragraph (1)(b), before “in respect of”, insert...

5. In rule 3—

(a) in paragraph (1)(b), before “in respect of”, insert “except as provided in paragraph (3),” ;

(b) after paragraph (2) insert—

S-3

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.”.

S-6 In rule 5— in paragraph (1), before “The additional fees”,...

6. In rule 5—

(a) in paragraph (1), before “The additional fees”, insert “Except as provided in paragraph (3),”;

(b) after paragraph (2) insert—

S-3

3. During the fee reduction period, the additional fees referred to in paragraph (1) are nil.”.

S-7 In rule 6— in paragraph (4), before “The additional fee”,...

7. In rule 6—

(a) in paragraph (4), before “The additional fee”, insert “Except as provided in paragraph (6),”;

(b) after paragraph (5) insert—

S-6

6. During the fee reduction period, the additional fee referred to in paragraph (4) is  nil.”.

S-8 After rule 7, insert— 8 Temporary fee reduction 1 This rule...

8. After rule 7, insert—

Temporary fee reduction

S-1

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

S-2

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

S-3

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.”.

Amendments to the Trade Marks (Fees) Rules 2008

Amendments to the Trade Marks (Fees) Rules 2008

S-9 The Trade Marks (Fees) Rules 2008 are amended as follows.

The Trade Marks (Fees) Rules 2008 are amended as follows.

9. The Trade Marks (Fees) Rules 20086are amended as follows.

S-10 In rule 2(1), before “The fees”, insert “Except as provided in...

10. In rule 2(1), before “The fees”, insert “Except as provided in rule 3A,”.

S-11 After rule 3, insert— 3A Temporary fee reduction 1 This rule...

11. After rule 3, insert—

Temporary fee reduction

S-1

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

S-2

2. During the period beginning on 30th July 2020 and ending on 31st March 2021, the relevant fees are—

(a) nil, in the case of the fees identified in paragraph (3)(a) and (b);

(b) £1, in the case of the fee identified in paragraph (3)(c).

S-3

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

(a) the fee of £100 which must accompany Form TM9,

(b) the fee of £100 which must accompany Form TM13, and

(c) the fee of £50 which must accompany Form TM11 on a delayed renewal of registration under rule 36(2) of the 2008 Rules.”.

Amendments to the Registered Designs (Fees) Rules 2016

Amendments to the Registered Designs (Fees) Rules 2016

S-12 The Registered Designs (Fees) Rules 2016 are amended as...

12. The Registered Designs (Fees) Rules 20167are amended as follows.

S-13 In rule 6, in paragraph (3), before “The additional fees”,...

13. In rule 6, in paragraph (3), before “The additional fees”, insert “Except as provided in rule 8,”.

S-14 In rule 7, before “The fees payable”, insert “Except as...

14. In rule 7, before “The fees payable”, insert “Except as provided in rule 8,”.

S-15...

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