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专利(费用)规则1995(S.I. 1995/2164), 联合王国

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详情 详情 版本年份 1995 日期 发布: 1995年9月4日 文本类型 实施规则/实施细则 主题 专利(发明), 植物品种保护 联合王国根据TRIPS第63条第2款发给世贸组织的通知中称:
“本规则指定了根据专利法1977应确定的费用。”

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主要文本 主要文本 英语 The Patent (Fees) Rules 1995 (S.I. 1995/2164)        
GB092: Patents (Fees), Rules, 17/08/1995, No. 2164

1995 No. 2164
PATENTS

The Patents (Fees) Rules 1995

Made

17th August 1995

Laid before Parliament

21st August 1995

Coming into force

4th September 1995

The Secretary of State, in exercise of the powers conferred upon him by section 123(1), (2) and (3) of, and paragraph 14 of Schedule 4 to, the Patents Act 19771, of the power conferred upon him by the Department of Trade and Industry (Fees) Order 19882, and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals pursuant section 8(1) of the Tribunals and Inquiries Act 19923and with the consent of the Treasury pursuant to subsection (4) of the said section 123, hereby makes the following Rules:-

1.-
(1) These Rules may be cited as the Patents (Fees) Rules 1995 and shall come into force on 4th September 1995.
(2) The Patents (Fees) Rules 19924 are hereby revoked.
2. These Rules shall be construed as one with the Patents Rules 19955 and, to the extent that they continue to apply in relation to existing patents and existing applications, with the Patents Rules 19686.
3. The fees to be paid in respect of any matters arising under the Patents Act 1977 or arising under the Patents Act 19497 shall be those specified in Parts A and B of the Schedule to these Rules; and in any case where a form specified in Part A or Part B of the Schedule as the corresponding form in relation to any matter is required by the Patents Rules 1995 or, as the case may be, the Patents Rules 1968 to be used, that form shall be accompanied by the fee, if any, specified in respect of that matter or, where payment may be made within a prescribed period of time after the form has been filed, the fee so specified shall be paid within that period.

Richard Page
Minister for Small Business,
Department of Trade and Industry

3rd August 1995

We consent to the making of these Rules.

Simon Burns
D. L. Willetts
Two of the Lords Commissioners of Her Majesty's Treasury

17th August 1995

SCHEDULE

FEES PAYABLE

PART A

(In this Part of this Schedule, any reference to a section is a reference to that section of the Patents Act 1977 and any reference to a rule is a reference to that rule of the Patents Rules 1995.)

Number of
corresponding
Patents Form

Item

Amount

£

1/77

On request for the grant of a patent (the filing fee)

25

2/77

On reference under section 8(1), 12(1) or 37(1)

50

On application under section 8(5) or 37(3) for authorisation by comptroller

50

On request for directions under section 10 or 12(4)

50

On reference under section 11(5) or 38(5) to determine the question of a licence

50

On application to comptroller under section 13(1) and/or 13(3)

50

On offer to surrender a patent

-

On application for compensation by employee

50

On application under section 41(8)

50

On application for settlement of terms of licence of right

50

On application under section 47(3) by person interested for cancellation of entry in the register

50

On application under section 48(1) for a compulsory licence or entry in the register

50

On application by Minister in case of monopoly or merger

50

On reference to the comptroller of a dispute as to infringement

50

On application for declaration for non-infringement

50

On application for the revocation of a patent

50

7/77

Statement of inventorship and of right to grant of a patent

-

8/77

On request for a certificate authorising the release of a micro-organism sample

-

8A/77

On notice of intention to restrict the availability of micro-organism samples to experts

-

9/77

On request for preliminary examination and search, request for further search under section 17(6) or payment for a supplementary search under section 17(8)

130

10/77

On request for substantive examination

130

11/77

On request to amend application before grant

40

On application to amend specification after grant of a patent

40

On request for the correction of an error in the register or in any connected document

40

On request for correction of error or mistake

40

12/77

On payment of renewal fee8 (and additional fee for late payment)-

Before the expiration of the 4th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 5th year

110

Before the expiration of the 5th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 6th year

120

Before the expiration of the 6th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 7th year

130

Before the expiration of the 7th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 8th year

140

Before the expiration of the 8th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 9th year

150

Before the expiration of the 9th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 10th year

170

Before the expiration of the 10th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 11th year

190

Before the expiration of the 11th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 12th year

210

Before the expiration of the 12th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 13th year

230

Before the expiration of the 13th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 14th year

260

Before the expiration of the 14th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 15th year

280

Before the expiration of the 15th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 16th year

310

Before the expiration of the 16th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 17th year

340

Before the expiration of the 17th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 18th year

370

Before the expiration of the 18th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 19th year

410

Before the expiration of the 19th year from the date of filing of the application for the patent or, in the case of an existing patent, the date of the patent and in respect of the 20th year

450

Additional fee for late payment of a renewal fee under section 25(4)-

Not exceeding one month

24

Each succeeding month (but not exceeding six months)

24

15/77

On notice of opposition to amendment of specification after grant

50

On notice of opposition to offer to surrender a patent

50

On notice of opposition to an application under section 47(1) or 47(3) for cancellation of entry in the register

50

On notice of opposition to application made under section 48 or 51

50

On opposition to request for correction of error or mistake

50

16/77

On application to restore a patent

135

20/77

On request to alter a name, for each patent or application

-

21/77

On application to register or to give notice of rights acquired in a patent or in an application for a patent

50

23/77

On request for certificate of the comptroller or certified copy from a file or the register-

(a) rubber stamp impression

16

(b) signed and sealed certificate

22

On request for uncertified copy from a file or the register

5

28/77

On application by proprietor for entry to be made in the register to the effect that licences under the patent are to be available as of right

-

30/77

On application by proprietor under section 47(1) for cancellation of entry in the register

-

49/77

On request to be informed of future events relating to a patent or application for a patent (caveat)

25

51/77

On appointment or change of agent

-

52/77

On request for extension of time or period under rule 110(3) (Each)

135

On request for extension of time or period under rule 110(4)

135

53/77

Additional fee for extension of time or period under rule 110(6)

135

Additional fee on restoration of a patent under rule 41(4)

135

54/77

On filing of translation of European Patent (UK) under section 77(6)(a)

35

On filing of translation of an amended European Patent (UK) under section 77(6)(b)

35

On request for publication of translation of claims of application for European Patent (UK) filed under section 78(7)

35

On request for publication of corrected translation of European Patent (UK) or application for European Patent (UK) filed under section 80(3)

35

58/77

On declaration that licences of right shall not extend to excepted uses

On request for information about date of payment of any renewal fee under rule 48 and/or to inspect the register under rule 49

5

On request to inspect documents filed or kept at the Patent Office, under rule 93

-

On entry of an international application for a patent (UK) into the national phase (section 89A(3))

25

On application for entry of order or direction of court in the register under rule 53

-

On application to register copy of entry made in European Register of Patents under rule 79(2)

-

On request for conversion of European patent application under rule 81

-

Filing fee upon conversion of European patent application to an application under the Act

25

On request for publication of translation under rule 85(6)

12

On application to the comptroller under rule 85(8) or 85(12) for an international application to be treated as an application under the Act

25

On application for order for evidence to be obtained in the United Kingdom under rule 86

-

Transmittal fee to Receiving Office under the Patent Co-operation Treaty-rule 118(1)

55

PART B

(In this Part of this Schedule-

(1) any reference to a section is a reference to that section of the Patents Act 1949; and

(2) any reference to a rule is a reference to that rule of the Patents Rules 1968, as it continues to apply by virtue of rule 124 of the Patents Rules 19789.)

Number of
corresponding
Patents Form

Item

Amount

£

1 Add

Application for grant of patent of addition in lieu of independent patent

-

7

For extension of time under rule 30, 33 or 50-

-

Not exceeding one month

-

Each succeeding month

-

8

On application for result of search made under sections 7 and 8

-

9

On application under section 9(2) for deletion of reference

-

13

On notice that hearing before the comptroller will be attended

-

14

On request under section 16(3)

-

15

On claim under section 16(4)

-

16

On application for extension of the period under section 16(5)

12

17

On application for a certificate under section 16(8)

-

18

On claim under section 17(1) for application to proceed in name of claimants

-

19

On application for directions under section 17(5)

-

20

On request for sealing of a patent

-

21

On application for extension of the period for requesting the sealing of a patent under section 19(3)-

Not exceeding one month

17

Each succeeding month

17

22

On application for extension of the period for requesting the sealing of a patent under section 19(4)-

Not exceeding one month

17

Each succeeding month

17

23

On application under section 20 for amendment of a patent

-

32

On application under section 28 for sealing of a patent

31

33

On opposition to application under section 28

-

34

Additional fee for sealing under section 28

80

35

On application to amend specification after acceptance

52

36

On notice of opposition to amendment

-

38

On application to amend an application for a patent

26

39

On application for revocation of a patent under section 33

-

43

On application for settlement of terms of licence under patent endorsed "Licences of Right"

-

44

On application by patentee for cancellation of endorsement of patent "Licences of Right"

-

46

On notice of opposition to cancellation of endorsement of patent "Licences of Right"

-

53

On application under section 55(1) for directions of comptroller

-

54

On application under section 55(2) for directions of comptroller

-

55

On application under section 56(1) to determine dispute

-

63

On application for entry in the register of claim to a licence under a patent extended under section 23, 24 or 25

-

64

On request to comptroller to correct a clerical error

40

65

On notice of opposition to the correction of a clerical error

-

68

For duplicate of patent

-

69

On application for entry of order of court in the register

-

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules revoke and replace the Patents (Fees) Rules 1992 (S.I. 1992/616). The fees remain unchanged except as noted below. Part A of these Rules refers to fewer patents forms than previously because their number is reduced by the Patents Rules 1995 (rule 4 and Schedule 1). Any increases or changes take effect on 4th September 1995.
The changes in the fees are as follows-
(a) a fee of £50 is introduced for commencing proceedings before the comptroller upon filing Form 2/77, unless the proceedings relate to an offer to surrender a patent, in which case, no fee is payable, as was previously the case;
(b) a uniform fee of £40 is introduced for requesting amendment or correction on Form 11/77. This compares with fees respectively of £30, £66, nil and £40 payable under the 1992 Fees Rules;
(c) a fee of £50 is introduced for giving notice of opposition on Form 15/77;
(d) the fee for registering or giving notice of a transaction, instrument or event is reduced from £55 to £50;
(e) a uniform fee of £5 is introduced for requesting an uncertified copy of material from a file or the register, and for requesting renewal information or inspection of the register.
It is estimated that the total amount of fees collected per annum under these Rules will be about 0.1 percent greater than the amount collected per annum under the 1992 Fees Rules.

11977 c.37.

4S.I. 1992/616.

5S.I. 1995/2093.

71949 c.87.

8One half of these fees if entry in the register "Licences of Right".

9S.I. 1978/216; rule 124 is amended by rule 121 of S.I. 1995/2093.


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