关于知识产权 知识产权培训 树立尊重知识产权的风尚 知识产权外联 部门知识产权 知识产权和热点议题 特定领域知识产权 专利和技术信息 商标信息 工业品外观设计信息 地理标志信息 植物品种信息(UPOV) 知识产权法律、条约和判决 知识产权资源 知识产权报告 专利保护 商标保护 工业品外观设计保护 地理标志保护 植物品种保护(UPOV) 知识产权争议解决 知识产权局业务解决方案 知识产权服务缴费 谈判与决策 发展合作 创新支持 公私伙伴关系 人工智能工具和服务 组织简介 与产权组织合作 问责制 专利 商标 工业品外观设计 地理标志 版权 商业秘密 WIPO学院 讲习班和研讨会 知识产权执法 WIPO ALERT 宣传 世界知识产权日 WIPO杂志 案例研究和成功故事 知识产权新闻 产权组织奖 企业 高校 土著人民 司法机构 遗传资源、传统知识和传统文化表现形式 经济学 金融 无形资产 性别平等 全球卫生 气候变化 竞争政策 可持续发展目标 前沿技术 移动应用 体育 旅游 PATENTSCOPE 专利分析 国际专利分类 ARDI - 研究促进创新 ASPI - 专业化专利信息 全球品牌数据库 马德里监视器 Article 6ter Express数据库 尼斯分类 维也纳分类 全球外观设计数据库 国际外观设计公报 Hague Express数据库 洛迦诺分类 Lisbon Express数据库 全球品牌数据库地理标志信息 PLUTO植物品种数据库 GENIE数据库 产权组织管理的条约 WIPO Lex - 知识产权法律、条约和判决 产权组织标准 知识产权统计 WIPO Pearl(术语) 产权组织出版物 国家知识产权概况 产权组织知识中心 产权组织技术趋势 全球创新指数 世界知识产权报告 PCT - 国际专利体系 ePCT 布达佩斯 - 国际微生物保藏体系 马德里 - 国际商标体系 eMadrid 第六条之三(徽章、旗帜、国徽) 海牙 - 国际外观设计体系 eHague 里斯本 - 国际地理标志体系 eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange 调解 仲裁 专家裁决 域名争议 检索和审查集中式接入(CASE) 数字查询服务(DAS) WIPO Pay 产权组织往来账户 产权组织各大会 常设委员会 会议日历 WIPO Webcast 产权组织正式文件 发展议程 技术援助 知识产权培训机构 COVID-19支持 国家知识产权战略 政策和立法咨询 合作枢纽 技术与创新支持中心(TISC) 技术转移 发明人援助计划(IAP) WIPO GREEN 产权组织的PAT-INFORMED 无障碍图书联合会 产权组织服务创作者 WIPO Translate 语音转文字 分类助手 成员国 观察员 总干事 部门活动 驻外办事处 职位空缺 采购 成果和预算 财务报告 监督
Arabic English Spanish French Russian Chinese
法律 条约 判决 按管辖区浏览

The Patents and Patents and Trade Marks (Fees) (Amendment) Rules 2010, 联合王国

返回
WIPO Lex中的最新版本
详情 详情 版本年份 2010 日期 生效: 2010年4月6日 发布: 2010年1月7日 文本类型 实施规则/实施细则 主题 专利(发明), 商标, 知识产权监管机构

可用资料

主要文本 相关文本
主要文本 主要文本 英语 The Patents and Patents and Trade Marks (Fees) (Amendment) Rules 2010        
 The Patents and Patents and Trade Marks (Fees) (Amendment) Rules 2010

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

S T A T U T O R Y I N S T R U M E N T S

2010 No. 33

INTELLECTUAL PROPERTY

The Patents and Patents and Trade Marks (Fees) (Amendment) Rules 2010

Made - - - - 7th January 2010

Laid before Parliament 12th January 2010

Coming into force - - 6th April 2010

The Secretary of State makes the following Rules in exercise of the powers conferred by section 123 of the Patents Act 1977(1) and sections 78 and 79 of the Trade Marks Act 1994(2). In accordance with articles 5 and 7 of the Department of Trade and Industry (Fees) Order 1988(3), the Secretary of State has taken into account the functions and matters specified in Parts 2 and 4 of Schedule 1 and Parts 1 and 2 of Schedule 2 to that Order. In accordance with paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007(4), the Secretary of State has consulted the Administrative Justice and Tribunals Council before making these Rules.

Citation and commencement

1. These Rules may be cited as the Patents and Patents and Trade Marks (Fees) (Amendment) Rules 2010 and come into force on 6th April 2010.

Amendments to the Patents Rules 2007

2. The Patents Rules 2007(5) are amended as follows.

3. In rule 80(1)(a) (Evidence rounds and the hearing) omit “and” and after paragraph (a) insert— “(aa) “(aa) specify the period within which the claimant must file Patents Form 4; and”.

4. After rule 80(1) insert—

(1) 1977 c.37. Section 123 was amended by the Copyright, Designs and Patents Act 1988 (c. 48), Schedule 5, paragraph 29, and the Patents Act 2004 (c.16), Schedule 2, paragraph 26.

(2) 1994 c.26. (3) S.I. 1988/93, amended by S.I. 1990/1473, both of which were made under section 102 of the Finance (No.2) Act 1987 (c.51);

there are other amending instruments but none is relevant. (4) 2007 c.15. (5) S.I. 2007/3291, to which there are amendments not relevant to these Rules.

Document Generated: 2013-11-27 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

2

“(1A) If the claimant wishes to continue the proceedings following receipt of the counter- statement, the claimant must file Patents Form 4.”.

5. After rule 81 (Alteration of time limits) insert—

Failure to file Patents Form 4

81A. If the claimant fails to file Patents Form 4 within the period specified by the comptroller the claimant shall be deemed to have filed a request to withdraw from the proceedings.”.

Amendments to the Patents (Fees) Rules 2007

6. The Patents (Fees) Rules 2007(6) are amended as follows.

7. In rule 3A (Electronic filing fee reduction) for “£10” substitute “£20”.

8. In rule 7(3) (Other fees) for “£55” substitute “£75”.

9. After rule 7(3) insert— “(3A) The fee to request restoration of the right of priority of an international application

for a patent filed at the Patent Office in accordance with the Patent Co-operation Treaty(7) is £150.”.

10. (1) Schedule 1 (Use of Forms) is amended as follows. (2) In the entry “Patents Form Number 9A” for “80” substitute “120” and for “100” in both places

where it appears substitute “150”. (3) In the entry “Patents Form Number 10” for “70” substitute “100”. (4) After the entry “Patents Form Number 3” insert the following—

“4 On continuing proceedings following receipt of a counter- statement in accordance with rule 80(1A) of the 2007 Rules

350”.

(5) In the third column of the entry “Patents Form Number 21” insert “50”.

11. In Schedule 2 (Renewal Fees) for Part 1 substitute the following—

“PART 1 RENEWAL FEE

Anniversary of date of filing Amount (£) 4th 70

5th 90

6th 110

7th 130

(6) S.I. 2007/3292, amended by S.I. 2009/2089. (7) Cmnd 7340 Treaty series 78/1978.

Document Generated: 2013-11-27 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

3

8th 150

9th 170

10th 190

11th 210

12th 250

13th 290

14th 350

15th 410

16th 460

17th 510

18th 560

19th 600”

Amendments to the Trade Marks (Fees) Rules 2008

12. The Schedule to the Trade Marks (Fees) Rules 2008(8) is amended as follows.

13. After the entry “TM16 – Request to enter details of an assignment (rule 49(1)(a)) – 50” insert the following—

TM24 Request to enter details relating to the grant, amendment or termination of any security interest or the making by personal representatives of an assent or to an order of a court or other competent authority (rule 49(1)(d) and (e))

50

14. After the entry “TM36 – Request to amend regulations governing the use of a certification or collective mark (rule 30(1)) – 100” insert the following—

TM50 Request to enter details relating to a grant of a licence (rule 49(1)(b))

50

TM51 Request to enter details relating to an amendment to, or termination of a licence (rule 49(1)(c))

50

Transitional Provisions

15. Rules 3, 4 and 5 shall not apply to proceedings which started before 6th April 2010.

16. Rule 11 shall not apply to a renewal fee paid on or after 6th April 2010 in respect of a renewal date which falls prior to 6th April 2010 if it is paid by the end of the period specified in section 25(4) of the Patents Act 1977.

(8) S.I. 2008/1958, amended by S.I. 2009/2089.

Document Generated: 2013-11-27 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

4

7th January 2010

David Lammy Minister of State for Higher Education and

Intellectual Property Department for Business, Innovation and Skills

Document Generated: 2013-11-27 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

5

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Patents Rules 2007 (SI 2007/3291) (“the 2007 Rules”), the Patents (Fees) Rules 2007 (SI 2007/3292) (“The Patents (Fees) Rules”) and the Trade Marks (Fees) Rules 2008 (SI 2008/1958) (“the Trade Marks (Fees) Rules”). The amendments to the 2007 Rules and the Patents (Fees) Rules contained in rules 3 to 11 make the following changes of substance—

(1) A claimant must file Patents Form 4 together with a fee of £350 in order to continue the proceedings following receipt of a counter-statement. If the claimant fails to file the form within the period specified by the comptroller the claimant shall be deemed to have filed a request to withdraw from the proceedings.

(2) The reduction in the search fee and the examination fee where the relevant form (Patents Form 9A or Patents Form 10) is filed electronically is increased from £10 to £20.

(3) The fee to transmit an international application to the International Bureau and the International Searching Authority is increased from £55 to £75 and a new fee of £150 is introduced to request restoration of the right of priority of an international application for a patent filed at the Patent Office in accordance with the Patent Co-operation Treaty (Cmnd 7340 Treaty series 78/1978) .

(4) The search fee associated with Patents Form 9A filed under rule 27 of the 2007 Rules is increased from £80 to £120 in respect of an international application for a patent (UK) which has already been the subject of a search by the International Searching Authority and from £100 to £150 in respect of any other application (including a request for a further or supplementary search under section 17(6) and (8) of the Patents Act 1977).

(5) The examination fee associated with Patents Form 10 filed under rule 28 of the 2007 Rules is increased from £70 to £100.

(6) A fee of £50 is introduced to register transactions under rule 47 of the 2007 Rules. (7) The fees to renew a patent associated with Patents Form 12 filed under rules 36 to 38 of the

2007 Rules are increased in accordance with the amendments to Part 1 of Schedule 2 to the Patents (Fees) Rules as set out in rule 11. The Trade Marks (Fees) Rules are amended by rules 13 and 14 which introduce a fee of £50 where Trade Mark Forms TM24, TM50 or TM51 are filed requesting to enter details in the Register of Trade Marks in accordance with rule 49 of the Trade Marks Rules 2008 (SI 2008/1797).

Rules 15 and 16 contain transitional provisions.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Intellectual Property Office, Room 3Y60, Concept House, Cardiff Road, Newport, NP10 8QQ and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

其他文本 世贸组织通知首页 (3 文本) 世贸组织通知首页 (3 文本) 英语 The Patents and Patents and Trade Marks (Fees) (Amendment) Rules 2010 法语 Règlement modificatif de 2010 concernant les frais pour l'enregistrement des brevets et des marques 西班牙语 Reglamento de 2010 que modifica las Tarifas para el Registro de Patentes y Marcas Comerciales
 The Patents and Patents and Trade Marks (Fees) (Amendment) Rules 2010

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

S T A T U T O R Y I N S T R U M E N T S

2010 No. 33

INTELLECTUAL PROPERTY

The Patents and Patents and Trade Marks (Fees) (Amendment) Rules 2010

Made - - - - 7th January 2010

Laid before Parliament 12th January 2010

Coming into force - - 6th April 2010

The Secretary of State makes the following Rules in exercise of the powers conferred by section 123 of the Patents Act 1977(1) and sections 78 and 79 of the Trade Marks Act 1994(2). In accordance with articles 5 and 7 of the Department of Trade and Industry (Fees) Order 1988(3), the Secretary of State has taken into account the functions and matters specified in Parts 2 and 4 of Schedule 1 and Parts 1 and 2 of Schedule 2 to that Order. In accordance with paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007(4), the Secretary of State has consulted the Administrative Justice and Tribunals Council before making these Rules.

Citation and commencement

1. These Rules may be cited as the Patents and Patents and Trade Marks (Fees) (Amendment) Rules 2010 and come into force on 6th April 2010.

Amendments to the Patents Rules 2007

2. The Patents Rules 2007(5) are amended as follows.

3. In rule 80(1)(a) (Evidence rounds and the hearing) omit “and” and after paragraph (a) insert— “(aa) “(aa) specify the period within which the claimant must file Patents Form 4; and”.

4. After rule 80(1) insert—

(1) 1977 c.37. Section 123 was amended by the Copyright, Designs and Patents Act 1988 (c. 48), Schedule 5, paragraph 29, and the Patents Act 2004 (c.16), Schedule 2, paragraph 26.

(2) 1994 c.26. (3) S.I. 1988/93, amended by S.I. 1990/1473, both of which were made under section 102 of the Finance (No.2) Act 1987 (c.51);

there are other amending instruments but none is relevant. (4) 2007 c.15. (5) S.I. 2007/3291, to which there are amendments not relevant to these Rules.

Document Generated: 2013-11-27 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

2

“(1A) If the claimant wishes to continue the proceedings following receipt of the counter- statement, the claimant must file Patents Form 4.”.

5. After rule 81 (Alteration of time limits) insert—

Failure to file Patents Form 4

81A. If the claimant fails to file Patents Form 4 within the period specified by the comptroller the claimant shall be deemed to have filed a request to withdraw from the proceedings.”.

Amendments to the Patents (Fees) Rules 2007

6. The Patents (Fees) Rules 2007(6) are amended as follows.

7. In rule 3A (Electronic filing fee reduction) for “£10” substitute “£20”.

8. In rule 7(3) (Other fees) for “£55” substitute “£75”.

9. After rule 7(3) insert— “(3A) The fee to request restoration of the right of priority of an international application

for a patent filed at the Patent Office in accordance with the Patent Co-operation Treaty(7) is £150.”.

10. (1) Schedule 1 (Use of Forms) is amended as follows. (2) In the entry “Patents Form Number 9A” for “80” substitute “120” and for “100” in both places

where it appears substitute “150”. (3) In the entry “Patents Form Number 10” for “70” substitute “100”. (4) After the entry “Patents Form Number 3” insert the following—

“4 On continuing proceedings following receipt of a counter- statement in accordance with rule 80(1A) of the 2007 Rules

350”.

(5) In the third column of the entry “Patents Form Number 21” insert “50”.

11. In Schedule 2 (Renewal Fees) for Part 1 substitute the following—

“PART 1 RENEWAL FEE

Anniversary of date of filing Amount (£) 4th 70

5th 90

6th 110

7th 130

(6) S.I. 2007/3292, amended by S.I. 2009/2089. (7) Cmnd 7340 Treaty series 78/1978.

Document Generated: 2013-11-27 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

3

8th 150

9th 170

10th 190

11th 210

12th 250

13th 290

14th 350

15th 410

16th 460

17th 510

18th 560

19th 600”

Amendments to the Trade Marks (Fees) Rules 2008

12. The Schedule to the Trade Marks (Fees) Rules 2008(8) is amended as follows.

13. After the entry “TM16 – Request to enter details of an assignment (rule 49(1)(a)) – 50” insert the following—

TM24 Request to enter details relating to the grant, amendment or termination of any security interest or the making by personal representatives of an assent or to an order of a court or other competent authority (rule 49(1)(d) and (e))

50

14. After the entry “TM36 – Request to amend regulations governing the use of a certification or collective mark (rule 30(1)) – 100” insert the following—

TM50 Request to enter details relating to a grant of a licence (rule 49(1)(b))

50

TM51 Request to enter details relating to an amendment to, or termination of a licence (rule 49(1)(c))

50

Transitional Provisions

15. Rules 3, 4 and 5 shall not apply to proceedings which started before 6th April 2010.

16. Rule 11 shall not apply to a renewal fee paid on or after 6th April 2010 in respect of a renewal date which falls prior to 6th April 2010 if it is paid by the end of the period specified in section 25(4) of the Patents Act 1977.

(8) S.I. 2008/1958, amended by S.I. 2009/2089.

Document Generated: 2013-11-27 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

4

7th January 2010

David Lammy Minister of State for Higher Education and

Intellectual Property Department for Business, Innovation and Skills

Document Generated: 2013-11-27 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

5

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Patents Rules 2007 (SI 2007/3291) (“the 2007 Rules”), the Patents (Fees) Rules 2007 (SI 2007/3292) (“The Patents (Fees) Rules”) and the Trade Marks (Fees) Rules 2008 (SI 2008/1958) (“the Trade Marks (Fees) Rules”). The amendments to the 2007 Rules and the Patents (Fees) Rules contained in rules 3 to 11 make the following changes of substance—

(1) A claimant must file Patents Form 4 together with a fee of £350 in order to continue the proceedings following receipt of a counter-statement. If the claimant fails to file the form within the period specified by the comptroller the claimant shall be deemed to have filed a request to withdraw from the proceedings.

(2) The reduction in the search fee and the examination fee where the relevant form (Patents Form 9A or Patents Form 10) is filed electronically is increased from £10 to £20.

(3) The fee to transmit an international application to the International Bureau and the International Searching Authority is increased from £55 to £75 and a new fee of £150 is introduced to request restoration of the right of priority of an international application for a patent filed at the Patent Office in accordance with the Patent Co-operation Treaty (Cmnd 7340 Treaty series 78/1978) .

(4) The search fee associated with Patents Form 9A filed under rule 27 of the 2007 Rules is increased from £80 to £120 in respect of an international application for a patent (UK) which has already been the subject of a search by the International Searching Authority and from £100 to £150 in respect of any other application (including a request for a further or supplementary search under section 17(6) and (8) of the Patents Act 1977).

(5) The examination fee associated with Patents Form 10 filed under rule 28 of the 2007 Rules is increased from £70 to £100.

(6) A fee of £50 is introduced to register transactions under rule 47 of the 2007 Rules. (7) The fees to renew a patent associated with Patents Form 12 filed under rules 36 to 38 of the

2007 Rules are increased in accordance with the amendments to Part 1 of Schedule 2 to the Patents (Fees) Rules as set out in rule 11. The Trade Marks (Fees) Rules are amended by rules 13 and 14 which introduce a fee of £50 where Trade Mark Forms TM24, TM50 or TM51 are filed requesting to enter details in the Register of Trade Marks in accordance with rule 49 of the Trade Marks Rules 2008 (SI 2008/1797).

Rules 15 and 16 contain transitional provisions.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Intellectual Property Office, Room 3Y60, Concept House, Cardiff Road, Newport, NP10 8QQ and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.


立法 修正 (1 文本) 修正 (1 文本) 世贸组织文件号
IP/N/1/GBR/67
IP/N/1/GBR/P/10
IP/N/1/GBR/T/43
无可用数据。

WIPO Lex编号 GB204