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Further to our announcement that the UKIPO were considering introducing some new fees and altering some existing fees, it has recently been confirmed that the proposed patent fee changes will go ahead on 6 April 2018.
Pre-grant and Grant Fees
Fee
before 6 Apr 2018 (£)
from 6 Apr 2018 (£)
Application fee
E-filing
20
60
Paper filing
30
90
NEW:
25% surcharge for paying the application fee after filing
E-filing
n/a
15
Paper filing
22.50
Search Fee
E-filing
130
150*
Paper filing
150
180*
Search Fee for an international application (UK)**
E-filing
100
120*
Paper filing
120
150*
Substantive examination fee
E-filing
80
100***
Paper filing
100
130***
NEW:
Excess claims fee
E-filing
n/a
£20 for each claim over 25
Paper filing
NEW:
Excess pages fee
E-filing
n/a
£10 for each page of description over 35
Paper filing
NEW:
Grant fee
E-filing
n/a
Fees for any further excess claim or pages (see below)
Paper filing
*plus excess claims fee
**where the international application has already been searched in the international phase
***plus excess pages fee
Renewal Fees
Renewal fees have been increased by £10 for years 12 onwards.
Transitional arrangements for renewal fees
If a renewal due date is before 6 April 2018 and payment is validly made either before 6 April or after 6 April 2018, then the fee is that which applied before 6 April 2018.
If a renewal due date is on or after 6 April 2018 and payment is validly made before 6 April 2018, then the fee is that which applied before 6 April 2018.
If a renewal due date is on or after 6 April 2018 and payment is validly made after 6 April 2018, then the fee is that which applied after 6 April 2018.
Grant Fees
At the time the application is found to be in order for grant, a further check will be made to determine:
whether there were 25 or fewer claims when the search was requested and there are now more than 25 claims,
whether there were 35 or fewer pages of description when the substantive examination was requested and there are now more than 35 pages of description, and
whether the number of excess claims or excess pages present in the application has increased above the number paid for earlier in prosecution.
The grant fee will be the sum of £20 for any additional excess claims (claims over 25) and £10 for any additional excess pages of description (pages over 35).
No excess claims fees will be payable if a search fee was paid before 6 April 2018, and no excess pages fee will be payable if the fee for substantive examination was paid before 6 April 2018.
Transitional arrangements
for grant fees
Where both the search fee and fee for substantive examination were paid before 6 April 2018, no grant fee will be required.
Where the search fee was paid before 6 April 2018 but the fee for substantive examination was paid on or after 6 April 2018 then if a grant fee is required it will only be composed of any fees required for additional excess pages. No excess claims fee will be payable.
Where both the search fee and fee for substantive examination were paid on or after 6 April 2018, then any increase in both excess claims and excess pages must be paid for before grant.
PCT fees
Also, on the 1 January 2018, the PCT fee structure changed.
If you would like further detail on any of the above, or would like to discuss patent fees with one of our experienced attorneys, then please do not hesitate to be in touch.
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