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S.I. No. 482 of 2001 |
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Patents, Trade Marks and Designs (Fees) Rules, 2001 |
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I, Tom Kitt, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 99 and 114 of the Patents Act, 1992 (No. 1 of 1992) , sections 81 and 82 of the Trade Marks Act, 1996 (No. 6 of 1996) , (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 )), and with the sanction of the Minister for Finance, hereby make the following Rules: |
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1. (1) These Rules may be cited as the Patents, Trade Marks and Designs (Fees) Rules, 2001. |
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(2) These Rules shall come into operation on 1 January 2002. |
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2. (1) In these Rules, unless the context otherwise requires - |
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“Act of 1927” means the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927) ; |
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“Act of 1992” means the Patents Act, 1992 (No. 1 of 1992) ; |
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“Act of 1996” means the Trade Marks Act, 1996 (No. 6 of 1996) ; |
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“article” means any article of manufacture and any substance, artificial or natural or partly artificial and partly natural; |
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“certification mark” has the meaning assigned to it by section 55 of the Act of 1996; |
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“collective mark” has the meaning assigned to it by section 54 of the Act of 1996; |
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“copyright”, when used in relation to a design registered under Part III of the Act of 1927, means the exclusive right to apply the design to any article in any class in which the design is registered; |
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“Court” means the High Court; |
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“design” means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction, or anything which is in substance a mere mechanical device; |
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“designating” means - |
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(i) in relation to an application for a patent, designating (in pursuance of the European Patent Convention or the Treaty, as the case may be) the state or states in which protection is sought for an invention, or |
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(ii) in relation to a patent, designating (in pursuance of the European Patent Convention) the state or states in which the patent has effect; |
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“European patent” means a patent granted under the Convention on the grant of European patents signed at Munich on the 5th day of October, 1973; |
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“international application for a patent” means an application made under the Treaty; |
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“patent” means an exclusive right conferred pursuant to Part II or III of the Act of 1992; |
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“patent agent” has the meaning assigned to it by section 105 of the Act of 1992; |
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“patent application” means an application under Part Ii or Part III of the Act of 1992 for a patent; |
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“proprietor”, in relation to a patent, means the person to whom the patent was granted or the person whose title is subsequently registered under section 85 of the Act of 1992; |
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“published” - |
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(a) in relation to any document which is required to be published under the Act of 1992, means made available to the public and includes the making available for inspection of the document as of right, at the Office and such other place (if any) as may be for the time being specified for the purpose by the Minister, by the public, whether on payment of a fee or not, and |
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(b) in relation to any other document, matter, record or information which the Controller is authorised to publish, means made available to the public and includes the making available of the document, matter, record or information in any form at the Office and such other place (if any) as may be for the time being specified for the purpose by the Minister, whether on payment of a fee or not; |
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“Schedule” means a Schedule to these Rules; |
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“trade mark” has the meaning assigned to it by section 6 of the Act of 1996; |
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“trade mark agent” has the meaning assigned to it by section 83(1) of the Act of 1996. |
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(2) In Schedules 1, 2, 3, 4 and 5, unless otherwise indicated - |
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(a) a reference to a section or Part is a reference to a section or Part of the Act specified in the heading of that Schedule, and |
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(b) a reference to a Rule is a reference to a Rule of the Rules specified in the heading of that Schedule. |
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(3) In these Rules, a reference to any statute or rules shall be construed as a reference to that statute or those rules as amended, adapted or extended by or under any subsequent statute or rules including these Rules. |
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3. (1) There is prescribed in respect of the Act of 1992 and the Patents Rules, 1992 ( S.I. No. 179 of 1992 ) the fee specified in column (3) of Schedule 1 in respect of each matter mentioned in column (2) opposite the reference number concerned. |
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(2) There is prescribed in respect of the Act of 1992 and the Register of Patent Agents Rules, 1992 ( S.I. No. 180 of 1992 ) the fee specified in column (3) of Schedule 2 in respect of each matter mentioned in column (2) opposite the reference number concerned. |
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(3) There is prescribed in respect of the Act of 1996 and the Trade Mark Rules, 1996 ( S.I. No. 199 of 1996 ) the fee specified in column (3) of Schedule 3 in respect of each matter mentioned in column (2) opposite the reference number concerned. |
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(4) There is prescribed in respect of the Act of 1927 and the Industrial Property Rules, 1927 (S.R. & O. No. 78 of 1927 ) the fee specified in column (3) of Schedule 4 in respect of each matter mentioned in column (2) opposite the reference number concerned. |
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(5) Where a person has paid the prescribed fee in respect of the matter at reference number 60 of Schedule 1 that person shall not be required to pay the prescribed fee in relation to the matter at reference number 37 of Schedule 3. |
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(6) Where a person has paid the prescribed fee in respect of the matter at reference number 37 of Schedule 3 that person shall not be required to pay the prescribed fee in relation to the matter at reference number 60 of Schedule 1. |
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4. The European Communities (Community Trade Mark) Regulations, 1996 ( S.I. No. 10 of 1996 ) are amended in Regulation 2 by the substitution for “ £20” of “€25”. |
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5. Fees prescribed by these Rules shall be paid in the currency of the State as provided for by section 24 of the Central Bank Act, 1989 (No. 16 of 1989) , as amended by section 6 of the Economic and Monetary Union Act, 1998 ( No. 38 of 1998 ). |
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6. The Rules mentioned in column (2) of Schedule 5 are revoked to the extent specified in column (3) of that Schedule. |
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SCHEDULE 1 |
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Rule 3 |
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Fees payable under the Patents Act, 1992 (No. 1 of 1992) , and the Patents Rules, 1992 |
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( S.I. No. 179 of 1992 ) |
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Reference Number |
Item |
Amount € |
(1) |
(2) |
(3) |
1. |
On filing an application |
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Under Part II - section 18(3) |
125.00 |
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Under Part III - section 63(8) |
60.00 |
2. |
On request for the Controller's certificate authorising the release of a sample of deposited culture - paragraphs (6) and (16) of Rule 14 |
12.00 |
3. |
Additional fee under Rule 21(2) |
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For the first month. |
125.00 |
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For the second month. |
190.00 |
4. |
On application for extension of time of one month for filing copy of previous application required for claiming priority - Rule 22(2). |
12.00 |
5. |
Fee in connection with previous application filed at the Office - Rule 22(4). |
12.00 |
6. |
On request for a search |
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Under section 29(1). |
361.00 |
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Under section 29(2). |
361.00 |
7. |
On submitting evidence under section 30 - Rule 27(2). |
86.00 |
8. |
On request for an extension of time under Rule 27(4) |
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For each month of extension. |
12.00 |
9. |
Fee for the grant of a patent |
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Where the patent application was filed under Part II. |
64.00 |
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Where the patent application was filed under Part III. |
30.00 |
10. |
On application for extension of time for payment of the fee for grant of a patent - Rule 29 |
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For each month of extension. |
19.00 |
11. |
On application to amend the request for grant - Rule 30. |
12.00 |
12. |
On application for leave to amend the description, claims or drawings - Rule 31(3). |
30.00 |
13. |
For renewal of an application for a patent (Rule 33) or for renewal of a patent (Rule 34) |
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Where the patent application was filed under Part II |
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In respect of the 3rd year. |
60.00 |
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In respect of the 4th year. |
90.00 |
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In respect of the 5th year. |
114.00 |
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In respect of the 6th year. |
134.00 |
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In respect of the 7th year. |
150.00 |
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In respect of the 8th year. |
176.00 |
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In respect of the 9th year. |
194.00 |
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In respect of the 10th year. |
220.00 |
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In respect of the 11th year. |
242.00 |
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In respect of the 12th year. |
265.00 |
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In respect of the 13th year. |
285.00 |
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In respect of the 14th year. |
311.00 |
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In respect of the 15th year. |
335.00 |
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In respect of the 16th year. |
356.00 |
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In respect of the 17th year. |
382.00 |
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In respect of the 18th year. |
408.00 |
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In respect of the 19th year. |
438.00 |
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In respect of 20th year. |
468.00 |
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Where the patent application was filed under Part III. |
In respect of the 3rd to the 10th years, one half of the renewal fees specified above. |
14. |
On request for extension of period for payment of renewal fees - sections 35(2) and 36(3) |
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For the 1st month. |
11.00 |
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For the 2nd month. |
11.00 |
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For the 3rd month. |
11.00 |
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For the 4th month. |
19.00 |
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For the 5th month. |
19.00 |
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For the 6th month. |
19.00 |
15. |
On application for the restoration of a lapsed patent or patent application - Rule 35. |
76.00 |
16. |
On opposition to the restoration of a patent or patent application - Rule 36. |
12.00 |
17. |
Additional fee on restoration of a patent or patent application - Rule 37. |
Nil |
18. |
On application to amend the specification of a patent - Rule 39(1). |
60.00 |
19. |
On notice of opposition to the amendment of the specification of a patent - Rule 39(3) |
25.00 |
20. |
On notice of opposition to the surrender of a patent - Rule 40(3). |
50.00 |
21. |
On application to the Controller for the revocation of a patent - Rule 41(1). |
125.00 |
22. |
On application for the entry in the Register of Patents that licences are available as of right - Rule 46. |
25.00 |
23. |
On application for settlement of terms of a licence of right - Rule 47(1). |
250.00 |
24. |
On application by the proprietor of a patent under section 69(1) for cancellation of entry in the Register of Patents - Rule 48(1) |
50.00 |
25. |
On application under section 69(2) for cancellation of entry in the Register of Patents - Rule 48(2). |
50.00 |
26. |
On notice of opposition to cancellation of an entry in the Register of Patents - Rule 49(2). |
25.00 |
27. |
On application for compulsory licence or entry in the Register of Patents under section 70(1) or section 72(1) - Rule 50. |
310.00 |
28. |
On notice of opposition under section 73(3) - Rule 52(2). |
50.00 |
29. |
For inspection of the Register of Patents - Rule 56 |
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For each quarter of an hour or part thereof. |
Nil |
30. |
On request for alteration of name, nationality, address or address for service in the Register of Patents - Rule 57 |
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For each application or patent. |
Nil |
31. |
On application or claim under section 85 - Rule 58(1). |
50.00 |
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For each additional patent or application where the devolution of title is the same as in the first patent or application. |
6.00 |
32. |
On application for cancellation of entry of interest in the Register of Patents - Rule 59(1). |
6.00 |
33. |
On application to the Controller under section 86(7) for rectification of the Register of Patents - Rule 61(1). |
50.00 |
34. |
On request for certificate of the Controller under rule 62. |
12.00 |
35. |
For each document annexed to a certificate requested under Rule 62. |
Nil |
36. |
On request for certified copy or extract - Rule 63. |
3.00 |
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For each page of the document comprising the certified copy or extract. |
0.60 |
37. |
On request for information - Rule 64(3) |
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For each item. |
6.00 |
38. |
For inspection of documents - Rule 65(1) |
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For each quarter hour or part thereof. |
1.00 |
39. |
On request for a search - Rule 66(1). |
12.00 |
40. |
Fee for conducting a search - Rule 66(4) |
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For each estimated hour of search time |
95.00 |
41. |
On application for a hearing - Rule 68(1). |
25.00 |
42. |
On notice that hearing will be attended - Rule 68(2). |
Nil |
43. |
On request to the Controller to state grounds of his decision - Rule 69(2). |
95.00 |
44. |
On application for the correction of an error or mistake - Rule 82. |
6.00 |
45. |
On filing translation of specification of European patent designating the State or of such a specification as amended - section 119(6). |
35.00 |
46. |
On filing translation of claims of an application for a European patent designating the State - section 120(6). |
50.00 |
47. |
For publication by the Office of a corrected translation filed under section 121(3) - Rule 85. |
35.00 |
48. |
On request for conversion of European patent application - Rule 86(1). |
30.00 |
49. |
Transmittal fee on filing an international application for a patent at the Office - Rule 87(1). |
76.00 |
50. |
For preparation of copies of international applications for a patent - Rule 87(2) |
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For each page comprising the application. |
0.60 |
51. |
On request for a certified copy of an international application for a patent - Rule 87(6). |
25.00 |
52. |
On application for extension of time under Rule 98(1) |
Nil |
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For each month of extension |
30.00 |
53. |
On application for reinstatement of an application - Rule 99(2). |
95.00 |
54. |
On application for insertion of notice in the Journal for the purposes of section 13(7) of the Copyright Act, 1963 . |
Nil |
55. |
For reproductions of patent applications filed at the Office and open to inspection |
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For each page required. |
Nil |
56. |
For reproductions of any other published patent documents made available at the Office and which the Controller indicates, by notice in the Journal from time to time, are available for reproduction |
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For each page. |
Nil |
57. |
For reproductions of entries in the Register of Patents |
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For each page. |
Nil |
58. |
For inspection of any classified indices of published patent applications or patents or any patent documents made available at the Office |
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For each quarter of an hour or part thereof. |
Nil |
59. |
For photocopies or reproductions of documents open to public inspection (per page). |
0.30 |
60. |
Initial connection fee in respect of on-line dial-in access for inspection of any classified indices of published patents or any patent documents open to the public. |
2,500 |
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SCHEDULE 2 |
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Rule 3 |
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Fees payable under the Patents Act, 1992 (No. 1 of 1992) , and the Register of Patent Agents Rules, 1992 ( S.I. No. 180 of 1992 ) |
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Reference Number |
Item |
Amount € |
(1) |
(2) |
(3) |
1. |
On application for entry in the register of patent agents (Rule 5). |
50.00 |
2. |
For tests considered necessary by a Board constituted under Rule 6(3) |
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For each subject tested. |
60.00 |
3. |
For entry in the register of patent agents (Rule 8). |
60.00 |
4. |
Annual fee for registration as patent agent payable before the 31st day of December in each year in respect of the following year (Rule 10). |
125.00 |
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SCHEDULE 3 |
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Rule 3 |
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Fees payable under the Trade Marks Act, 1996 (No. 6 of 1996) , and the Trade Marks Rules, 1996 ( S.I. No. 199 of 1996 ) |
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Reference Number |
Item |
Amount € |
(1) |
(2) |
(3) |
1. |
On application to register a trade mark under section 37. |
70.00 |
2. |
Class fees - |
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(i) for each class over one. |
70.00 |
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(ii) for each additional class to which Rule 14(3) refers. |
70.00 |
3. |
(i) On notification under Rule 25(2) or Rule 61(3) of intention to appear at a hearing. |
Nil |
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(ii) On application for a hearing (Rule 61(2)). |
60.00 |
4. |
On giving notice of opposition - |
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(i) to the registration of a mark (Rule 18), |
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(ii) to the regulations relating to a collective or certification mark (Rule 31(4) or Rule 33(4)(b)), or |
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(iii) to the alteration of a registered trade mark (Rule 35). |
60.00 |
5. |
On lodging a counter-statement (Rule 19). |
Nil |
6. |
On request for a written statement of the grounds of a decision made by the Controller (Rule 27(2)). |
190.00 |
7. |
On notice under section 44(1) to restrict the goods or services covered by an application or on request under section 44(3) to amend an application. |
35.00 |
8. |
On request for division of an application (Rule 28). |
125.00 |
9. |
On request to merge separate applications or registrations (Rule 29). |
125.00 |
10. |
On filing of regulations governing the use of a collective or certification mark (Rule 31(1) or Rule 33(1)). |
125.00 |
11. |
On submission of amended regulations governing the use of a registered collective mark (Rule 32) or on request to amend regulations governing the use of a registered certification mark (Rule 34). |
125.00 |
12. |
On notification of surrender of a registered trade mark (Rule 36). |
Nil |
13. |
(i) Renewal of registration (Rule 38). |
250.00 |
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(ii) Class fee for each class over one. |
125.00 |
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(iii) Additional fee for renewal of registration (Rule 39(1)). |
60.00 |
14. |
Restoration fee payable upon a request under Rule 40(1). |
125.00 |
15. |
On application to the Controller (Rule 41) - |
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(i) for revocation, or a declaration of invalidity, of a registration of a mark. |
125.00 |
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(ii) for rectification of an error or omission in the Register of Trade Marks kept under the Act of 1996. |
6.00 |
16. |
On request for a change in the Register of Trade Marks kept under the Act of 1996 of a name or address or both (Rule 49(1)) - for every mark in the request to which the change applies. |
6.00 |
17. |
On request under Rule 48 for a certified copy or extract of any entry in the Register. |
25.00 |
18. |
On request for alteration of a trade mark (Rule 35). |
60.00 |
19. |
On request for information about an application or a registered trade mark (section 70(1) and Rule 60) |
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For each item of information requested. |
6.00 |
20. |
For extensions of time requested on the basis of Rule 63(4) |
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For each month of extension of the time or period referred to in Rule 63(1) requested. |
30.00 |
21. |
On application to register a transaction under section 29 (Rule 45) and on notice under section 31 (Rule 46) - |
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(i) for one mark. |
60.00 |
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(ii) for each other mark included in the application or notice which is affected by the transaction |
6.00 |
22. |
For registration of a trade mark - |
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(i) where the application is dealt with in accordance with the Trade Marks Act, 1963 (No. 9 of 1963) . |
102.00 |
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(ii) in any other case. |
177.00 |
23. |
On request for a search under Rule 71. |
35.00 |
24. |
For making a search, by means of the Office's computerised trade mark search system, of the classified representations of trade mark data kept at the Office on computer and open to public inspection and for a print-out or output to electronic media or paper of the results of the search - |
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(i) for each quarter of an hour or part thereof. |
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(ii) for each record in excess of 30 relating to a trade mark in the computer print-out to paper. |
Nil |
25. |
For inspection of all or any part of the Register of Trade Marks kept under the Act of 1996 available on computer |
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For each quarter of an hour or part thereof. |
Nil |
26. |
For (i) inspection of the Register of Trade Marks kept under the Act of 1996 or any document open to public inspection, or (ii) making a search amongst such classified representations of trade marks as are made available on paper |
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For each quarter of an hour or part thereof. |
Nil |
27. |
For computer print-out or output to electronic media or paper of trade mark data open to public inspection other than as at reference number 24 - |
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(i) for each trade mark record in respect of which data is requested other than as at (ii). |
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(ii) for each trade mark record sought on the basis of time period or sequence number by persons complying with conditions imposed by the Controller, the fees set out as at reference number 29. |
Nil |
28. |
For access, by means of telephone or other data transmission media from outside the Office, to the information specified at reference numbers 24 or 25 for the purpose of searching or inspecting such information and for a computer print-out of the results of the search, the appropriate fee set out at those reference numbers, and in addition. |
Nil |
29. |
Licence (under Rule 77) authorising use of Patents Office computerised trade mark data base. |
125.00 |
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Each update of the Patents Office computerised trade mark data base. |
625.00 |
30. |
For photocopying or reproduction of documents open to public inspection. Per page. |
0.30 |
31. |
On request for certified copies, manuscripts, typed, printed or photographic, each. |
3.00 |
32. |
On request for a certificate for use in connection with applications for registration abroad (Rule 5). |
25.00 |
33. |
On application for registration in the Register of Trade Mark Agents (Rule 51 (1)). |
250.00 |
34. |
For registration in the Register of Trade Mark Agents (Rule 53 (a)). |
125.00 |
35. |
Annual fee for renewal of registration as a trade mark agent payable before the 1st day of December each year in respect of the following year (Rule 55). |
250.00 |
36. |
On request to the Controller for the removal from the Register of Trade Marks kept under the Act of 1996 of matter which has ceased to have effect. |
Nil |
37. |
Initial once-off connection fee in respect on on-line dial-in access for searches and inspections of the trade mark register. |
2,500.00 |
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SCHEDULE 4 |
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Rule 3 |
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Fees payable under the Industrial and Commercial Property (Protection) Act, 1927 , ( No. 16 of 1927 ) and the Industrial Property Rules, 1927 (S.R. & O. No. 78 of 1927 ) |
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Reference Number |
Item |
Amount € |
(1) |
(2) |
(3) |
1. |
On application to register one design to be applied to a single article in a class. |
60.00 |
2. |
On application to register one design to be applied to a set of articles in a class |
125.00 |
3. |
On request for correction of a clerical error. |
12.00 |
4. |
On request to amend an application for registration. |
25.00 |
5. |
For extension of period of copyright for a second period of five years. |
152.00 |
6. |
For extension of period of copyright for a third period of five years. |
228.00 |
7. |
On application for cancellation of a registration |
20.00 |
8. |
On application for an extension of time for completion of the registration of a design, or for the payment of a fee for the extension of the period of copyright in a design, not exceeding the permitted extension, for each month. |
15.00 |
9. |
On notice of opposition to the entry in the register of designs kept at the Office pursuant to the Act of 1927 of a disclaimer or memorandum relating to a design. |
25.00 |
10. |
On application for entry in the register of designs kept at the Office pursuant to the Act of 1927 on the name of a subsequent proprietor of a registered design or of notice of licence of other document - |
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(i) if made within six months of the acquisition of the interest: |
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In respect of one entry |
20.00 |
|
For each additional similar entry |
6.00 |
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(ii) if made subsequently: |
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In respect of one entry |
30.00 |
|
For each additional similar entry |
6.00 |
11. |
On application by the proprietor of a registered design for cancellation of an entry or for the rectification of the register of designs kept at the Office pursuant to the Act of 1927 not otherwise charged or by a licensee or other person having a registered interest for removal of his name. |
20.00 |
12. |
On application by the proprietor of a registered design to alter a name or address or address for service or to enter a second address for service in the register of designs kept at the Office pursuant to the Act of 1927 when there has been no change of proprietorship - |
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For one entry |
5.00 |
|
For each additional similar entry |
2.00 |
13. |
On application under section 129(6) by a person other than the registered proprietor of a design for the rectification of the register of designs kept at the Office pursuant to the Act of 1927. |
15.00 |
14. |
On lodgement of notice of Order of Court, Rule 174. |
5.00 |
15. |
On notice of intention to publish an unregistered design at an exhibition under section 76. |
5.00 |
16. |
On notice of intention to attend at a hearing by the Controller in any proceedings referred to in Rule 155, by each party. |
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10.00 |
17. |
On application for leave to intervene in any proceedings before the Controller. |
10.00 |
18. |
On application to the Controller to state grounds of decision under Rule 87. |
91.00 |
19. |
For certificate of the Controller under Rule 148. |
15.00 |
20. |
For certified extract from the register of designs kept at the Office pursuant to the Act of 1927. |
15.00 |
21. |
For typed office copies of a document, for each 100 words or less. |
3.00 |
22. |
For photocopying documents, for each page. |
0.30 |
23. |
For certifying office copies MSS, typed, printed or photographic, each. |
3.00 |
24. |
On application under section 74 when registered number of design is furnished. |
7.00 |
25. |
On application under section 74 when registered number on design is not furnished. |
15.00 |
26. |
For inspection of the register of designs kept at the Office pursuant to the Act of 1927 or other document open to inspection (except inspection under the second paragraph of Section 73(1)) for each quarter of an hour. |
1.50 |
27. |
On application under Rule 86 or 151 for hearing. |
41.00 |
|
|
|
SCHEDULE 5 |
|
|
Rule 6 |
|
|
Rules Revoked. |
|
|
Statutory Instrument Number and Year |
Title |
Extent of Revocation |
(1) |
(2) |
(3) |
S.I. No. 433 of 1997 |
Patents, Trade Marks, Copyright and Design (Fees) Rules, 1997 |
Schedules II and V, Rule 3 in so far as it relates to Schedule II, Rule 5. |
S.I. No. 403 of 1999 |
Patents and Trade Marks (Fees) Rules, 1999 |
Schedules I and II, Rule 3. |
S.I. No. 434 of 1999 |
Patents and Trade Marks (Fees) (No. 2) Rules, 1999 |
The entire of the Rules. |
|
|
|
|
GIVEN under my Hand, |
|
this 30th day of October 2001. |
|
TOM KITT, |
|
Minister of State at the Department of Enterprise, Trade and Employment. |
|
|
|
The fees prescribed by these Rules are sanctioned by the Minister for Finance. |
|
|
|
GIVEN under the Official Seal of the Minister for Finance, this 30th day of October 2001 |
CHARLIE McCREEVY |
Minister for Finance |
|
|
|
EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) |
|
|
This Order, which will apply from 1 January 2002, sets out the fees payable in euro amounts for services provided by the Patents Office in respect of patents, trade marks and designs. All fees have been reduced, with some eliminated. |
|
|
All payments made before 1 January 2002, in respect of fees that are due before the end of 2001, will be the subject of the legislation in force at the time of payment. Fees notified before the end of 2001, but due in 2002, may be paid in advance at the rate payable in 2002. All payments made on or after 1 January 2002 will be at the rates payable in 2002. |
|
|
A table detailing the fees payable in 2001 in Irish pounds, and the fees payable in euro amounts from 2002, is set out below for ease of reference. |
|
|
SCHEDULE 1 of Explanatory Memorandum |
|
|
Corresponding to Schedule 1 of the Patents, Trade Marks and Designs (Fees) Rules, 2001 |
|
|
Reference Number |
Item |
Up to 31 Dec 2001 |
From 1 Jan 2002 |
1. |
On filing an application |
|
|
|
Under Part II - section 18 (3). |
£100.00 |
€125.00 |
|
Under Part III - section 63 (8). |
£50.00 |
€60.00 |
2. |
On request for the Controller's certificate authorising the release of a sample of deposited culture - paragraphs (6) and (16) of Rule 14. |
£10.00 |
€12.00 |
3. |
Additional fee under Rule 21 (2) |
|
|
|
For the first month. |
£100.00 |
€125.00 |
|
For the second month. |
£150.00 |
€190.00 |
4. |
On application for extension of time of one month for filing copy of previous application required for claiming priority - Rule 22 (2). |
£10.00 |
€12.00 |
5. |
Fee in connection with previous application filed at the Office - Rule 22 (4). |
£10.00 |
€12.00 |
6. |
On request for a search |
|
|
|
Under section 29 (1). |
£285.00 |
€361.00 |
|
Under section 29 (2). |
£285.00 |
€361.00 |
7. |
On submitting evidence under section 30 - Rule 27 (2). |
£68.00 |
€86.00 |
8. |
On request for an extension of time under Rule 27 (4) |
|
|
|
For each month of extension. |
£10.00 |
€12.00 |
9. |
Fee for the grant of a patent |
|
|
|
Where the patent application was filed under Part II. |
£51.00 |
€64.00 |
|
Where the patent application was filed under Part III. |
£25.00 |
€30.00 |
10. |
On application for extension of time for payment of the fee for grant of a patent - Rule 29 |
|
|
|
For each month of extension. |
£15.00 |
€19.00 |
11. |
On application to amend the request for grant - Rule 30. |
£10.00 |
€12.00 |
12. |
On application for leave to amend the description, claims or drawings - Rule 31 (3). |
£25.00 |
€30.00 |
13. |
For renewal of an application for a patent (Rule 33) or for renewal of a patent (Rule 34) |
|
|
|
Where the patent application was filed under Part II |
|
|
|
In respect of the 3rd year. |
£50.00 |
€60.00 |
|
In respect of the 4th year. |
£72.00 |
€90.00 |
|
In respect of the 5th year. |
£90.00 |
€114.00 |
|
In respect of the 6th year. |
£106.00 |
€134.00 |
|
In respect of the 7th year. |
£122.00 |
€150.00 |
|
In respect of the 8th year. |
£140.00 |
€176.00 |
|
In respect of the 9th year. |
£154.00 |
€194.00 |
|
In respect of the 10th year. |
£174.00 |
€220.00 |
|
In respect of the 11th year. |
£191.00 |
€242.00 |
|
In respect of the 12th year. |
£209.00 |
€265.00 |
|
In respect of the 13th year. |
£225.00 |
€285.00 |
|
In respect of the 14th year. |
£245.00 |
€311.00 |
|
In respect of the 15th year. |
£264.00 |
€335.00 |
|
In respect of the 16th year. |
£281.00 |
€356.00 |
|
In respect of the 17th year. |
£301.00 |
€382.00 |
|
In respect of the 18th year. |
£322.00 |
€408.00 |
|
In respect of the 19th year. |
£345.00 |
€438.00 |
|
In respect of the 20th year. |
£369.00 |
€468.00 |
|
Where the patent application was filed under Part III. |
In respect of the 3rd to the 10th years, one half of the renewal fees specified above. |
In respect of the 3rd to the 10th years, one half of the renewal fees specified above. |
14. |
On request for extension of period for payment of renewal fees - sections 35 (2) and 36 (3) |
|
|
|
For the 1st month. |
£9.00 |
€11.00 |
|
For the 2nd month. |
£9.00 |
€11.00 |
|
For the 3rd month. |
£9.00 |
€11.00 |
|
For the 4th month. |
£15.00 |
€19.00 |
|
For the 5th month. |
£15.00 |
€19.00 |
|
For the 6th month. |
£15.00 |
€19.00 |
15. |
On application for the restoration of a lapsed patent or patent application - Rule 35. |
£60.00 |
€76.00 |
16. |
On opposition to the restoration of a patent or patent application - Rule 36. |
£10.00 |
€12.00 |
17. |
Additional fee on restoration of a patent or patent application - Rule 37. |
£20.00 |
Nil |
18. |
On application to amend the specification of a patent - Rule 39(1). |
£50.00 |
€60.00 |
19. |
On notice of opposition to the amendment of the specification of a patent - Rule 39 (3). |
£20.00 |
€25.00 |
20. |
On notice of opposition to the surrender of a patent - Rule 40 (3). |
£40.00 |
€50.00 |
21. |
On application to the Controller for the revocation of a patent - Rule 41 (1). |
£100.00 |
€125.00 |
22. |
On application for entry in the Register of Patents that licences are to be available as of right - Rule 46. |
£20.00 |
€25.00 |
23. |
On application for settlement of terms of a licence of right - Rule 47 (1). |
£200.00 |
€250.00 |
24. |
On application by the proprietor of a patent under section 69 (1) for cancellation of entry in the Register of Patents - Rule 48 (1). |
£40.00 |
€50.00 |
25. |
On application under section 69 (2) for cancellation of entry in the Register of Patents - Rule 48 (2). |
£40.00 |
€50.00 |
26. |
On notice of opposition to cancellation of entry in the Register of Patents - Rule 49 (2). |
£20.00 |
€25.00 |
27. |
On application for compulsory licence or entry in the Register of Patents under section 70 (1) or section 72 (1) - Rule 50. |
£250.00 |
€310.00 |
28. |
On notice of opposition under section 73 (3) - Rule 52 (2). |
£40.00 |
€50.00 |
29. |
For inspection of the Register of Patents - Rule 56 |
|
|
|
For each quarter of an hour or part thereof. |
£1.50 |
Nil |
30. |
On request for alteration of name, nationality, address or address for service in the Register of Patents - Rule 57 |
|
|
|
For each application or patent. |
£8.00 |
Nil |
31. |
On application or claim under section 85 - Rule 58 (1). |
£40.00 |
€50.00 |
|
For each additional patent or application where the devolution of title is the same as in the first patent or application. |
£5.00 |
€6.00 |
32. |
On application for cancellation of entry of interest in the Register of Patents - Rule 59 (1). |
£5.00 |
€6.00 |
33. |
On application to the Controller under section 86 (7) for rectification of the Register of Patents - Rule 61 (1). |
£40.00 |
€50.00 |
34. |
On request for certificate of the Controller under Rule 62. |
£10.00 |
€12.00 |
35. |
For each document annexed to a certificate requested under Rule 62. |
£10.00 |
Nil |
36. |
On request for copy or extract - Rule 63. |
£3.00 |
€3.00 |
|
For each page of the document comprising the certified copy or extract. |
£0.50 |
€0.60 |
37. |
On request for information - Rule 64 (3) |
|
|
|
For each item. |
£5.00 |
€6.00 |
38. |
For inspection of documents - Rule 65 (1) |
|
|
|
For each quarter of an hour or part thereof. |
£1.50 |
€1.00 |
39. |
On request for a search - Rule 66 (1). |
£10.00 |
€12.00 |
40. |
Fee for conducting a search - Rule 66 (4) |
|
|
|
For each estimated hour of search time. |
£75.00 |
€95.00 |
41. |
On application for a hearing - Rule 68 (1).0 |
£20.00 |
€25.00 |
42. |
On notice that hearing will be attended - Rule 68 (2). |
£20.00 |
Nil |
43. |
On request to the Controller to state grounds of his decision - Rule 69 (2). |
£75.00 |
€95.00 |
44. |
On application for the correction of an error or mistake - Rule 82. |
£5.00 |
€6.00 |
45. |
On filing translation of specification of European patent designating the State or of such a specification as amended - section 119 (6). |
£30.00 |
€35.00 |
46. |
On filing translation of claims of an application for a European patent designating the State - section 120 (6). |
£30.00 |
€35.00 |
47. |
For publication by the Office of a corrected translation filed under section 121 (3) - Rule 85. |
£30.00 |
€35.00 |
48. |
On request for conversion of European patent application - Rule 86 (1). |
£25.00 |
€30.00 |
49. |
Transmittal fee on filing an international application for a patent at the Office - Rule 87 (1). |
£60.00 |
€76.00 |
50. |
For preparation of copies of international applications for a patent - Rule 87(2) |
|
|
|
For each page comprising the application. |
£0.50 |
€0.60 |
51. |
On request for a certified copy of an international application for a patent - Rule 87 (6). |
£20.00 |
€25.00 |
52. |
On application for extension of time under Rule 98 (1) |
|
|
|
For each month of extension. |
£25.00 |
€30.00 |
53. |
On application for reinstatement of an application - Rule 99 (2). |
£75.00 |
€95.00 |
54. |
On application for insertion of notice in the Journal for the purposes of section 13 (7) of the Copyright Act, 1963 . |
£5.00 |
Nil |
55. |
For reproductions of patent applications filed at the Office and open to inspection - for each page required. |
Nil |
Nil |
56. |
For reproductions of any other published patent documents made available at the Office and which the Controller indicates, by notice in the Journal from time to time, are available for reproduction - for each page. |
Nil |
Nil |
57. |
For reproductions of entries in the Register of Patents - for each page. |
Nil |
Nil |
58. |
For inspection of any classified indices of published patent applications or patents or any patent documents made available at the Office |
|
|
|
For each quarter of an hour or part thereof. |
Nil |
Nil |
59. |
For photocopies or reproductions of documents open to public inspection (per page). |
£0.25 |
0.30 |
60. |
Initial connection fee in respect of on-line dial-in access for inspection of any classified indices of published patents or any patent documents open to the public. |
£2,000.00 |
€2,500.00 |
|
|
|
Schedule 2 of Explanatory Memorandum |
|
|
Corresponding to Schedule 2 of the Patents, Trade Marks and Designs (Fees) Rules, 2001 |
|
|
Reference Number |
Item |
Up to 31 Dec 2001 |
From 1 Jan 2002 |
1. |
On application for entry in the register of patent agents (Rule 5) |
£40.00 |
€50.00 |
2. |
For tests considered necessary by a Board constituted under Rule 6(3) |
|
|
|
For each subject tested. |
£50.00 |
€60.00 |
3. |
For entry in the register of patent agents (Rule 8). |
£50.00 |
€60.00 |
4. |
Annual fee for registration as patent agent payable before the 31st day of December in each year in respect of the following year (Rule 10). |
£100.00 |
€125.00 |
|
|
|
Schedule 3 of Explanatory Memorandum |
|
|
Corresponding to Schedule 3 of the Patents, Trade Marks and Designs (Fees) Rules, 2001 |
|
|
Reference Number |
Item |
Up to 31 Dec 2001 |
From 1 Jan 2002 |
1. |
On application to register a trade mark under section 37. |
£60.00 |
€70.00 |
2. |
Class fees - |
|
|
|
(i) for each class over one. |
£60.00 |
€70.00 |
|
(ii) for each additional class to which Rule 14(3) refers. |
£60.00 |
€70.00 |
3. |
(i) On notification under Rule 25 (2) or Rule 61(3) of intention to appear at a hearing. |
£5.00 |
Nil |
|
(ii) On application for a hearing (Rule 61(2)). |
£50.00 |
€60.00 |
4. |
On giving notice of opposition - |
|
|
|
(i) to the registration of a mark (Rule 18), |
|
|
|
(ii) to the regulations relating to a collective or certification mark (Rule 31(4) or Rule 33(4)(b)), or |
|
|
|
(iii) to the alteration of a registered trade mark (Rule 35). |
£50.00 |
€60.00 |
5. |
On lodging a counter-statement (Rule 19). |
£30.00 |
Nil |
6. |
On request for a written statement of the grounds of a decision made by the Controller (Rule 27(2)). |
£150.00 |
€190.00 |
7. |
On notice under section 44(1) to restrict the goods or services covered by an application or on request under section 44(3) to amend an application. |
£30.00 |
€35.00 |
8. |
On request for division of an application (Rule 28). |
£100.00 |
€125.00 |
9. |
On request to merge separate applications or registrations (Rule 29). |
£100.00 |
€125.00 |
10. |
On filing of regulations governing the use of a collective or certification mark (Rule 31 (1) or Rule 33 (1)). |
£100.00 |
€125.00 |
11. |
On submission of amended regulations governing the use of a registered collective mark (Rule 32) or on request to amend regulations governing the use of a registered certification mark (Rule 34). |
£100.00 |
€125.00 |
12. |
On notification of surrender of a registered trade mark (Rule 36). |
£50.00 |
Nil |
13. |
(i) Renewal of registration (Rule 38). |
£200.00 |
€250.00 |
|
(ii) Class fee for each class over one. |
£100.00 |
€125.00 |
|
(iii) Additional fee for renewal of registration (Rule 39(1)). |
£50.00 |
€60.00 |
14. |
Restoration fee payable upon a request under Rule 40(1). |
£100.00 |
€125.00 |
15. |
On application to the Controller (Rule 41) - |
|
|
|
(i) for revocation, or a declaration of invalidity, of a registration of a mark. |
£100.00 |
€125.00 |
|
(ii) for rectification of an error or omission in the Register of Trade Marks kept under the Act of 1996. |
£20.00 |
€6.00 |
16. |
On request for a change in the Register of Trade Marks kept under the Act of 1996 of a name or address or both (Rule 49(1)) - |
|
|
|
(i) for one mark. |
£12.00 |
€6.00 |
|
(ii) for every other mark included in the request. |
£5.00 |
€6.00 |
17. |
On request under Rule 48 |
|
|
|
For a certified copy or extract. |
£20.00 |
€25.00 |
18. |
On request for alteration of a trade mark (Rule 35). |
£50.00 |
€60.00 |
19. |
On request for information about an application or a registered trade mark (section 70(1) and Rule 60) |
|
|
|
For each item of information requested. |
£20.00 |
€6.00 |
20. |
For extensions of time requested on the basis of Rule 63 (4) |
|
|
|
For each month of extension of the time or period referred to in Rule 63 (1) requested. |
£100.00 |
€30.00 |
21. |
On application to register a transaction under section 29 (Rule 45) and on notice under section 31 (Rule 46)- |
|
|
|
(i) for one mark. |
£50.00 |
€60.00 |
|
(ii) for each other mark included in the application or notice. |
£5.00 |
€6.00 |
22. |
For registration of a trade mark - |
|
|
|
(i) where the application is dealt with in accordance with the Trade Marks Act, 1963 (No. 9 of 1963) . |
£81.00 |
€102.00 |
|
(ii) in any other case. |
£140.00 |
€177.00 |
23. |
On request for a search under Rule 71. |
£30.00 |
€35.00 |
24. |
For making a search, by means of the Office's computerised trade mark search system, of the classified representations of trade mark data kept at the Office on computer and open to public inspection and for a print-out or output to electronic media or paper of the results of the search - |
|
|
|
(i) for each quarter of an hour or part thereof. |
|
|
|
(ii) for each record in excess of 30 relating to a trade mark in the computer print-out to paper. |
Nil |
Nil |
25. |
For inspection of all or any part of the Register of Trade Marks kept under the Act of 1996 available on computer |
|
|
|
For each quarter of an hour of part thereof. |
Nil |
Nil |
26. |
For (i) inspection of the Register of Trade Marks kept under the Act of 1996 or any document open to public inspection, or |
|
|
|
(ii) making a search amongst such classified representations of trade marks as are made available on paper |
|
|
|
For each quarter of an hour or part thereof. |
Nil |
Nil |
27. |
For computer print-out or output to electronic media or paper of trade mark data open to public inspection other than as at reference number 24 - |
|
|
|
(i) for each trade mark record in respect of which data is requested other than as at (ii). |
|
|
|
(ii) for each trade mark record sought on the basis of time period or sequence number, by persons complying with conditions imposed by the Controller, the fees set out as at reference number 29. |
Nil |
Nil |
28. |
For access, by means of telephone or other data transmission media from outside the Office, to the information specified at reference numbers 24 or 25 for the purpose of searching or inspecting such information and for a computer print-out of the results of the search, the appropriate fee set out at those reference numbers, and in addition. |
Nil |
Nil |
29. |
Licence (under Rule 77) authorising use of Patents Office computerised trade mark data base. |
£100.00 |
€125.00 |
|
Each update of the computerised trade mark data base. |
£500.00 |
€625.00 |
30. |
For photocopying or reproduction of documents open to public inspection. Per page. |
£0.25 |
€0.30 |
31. |
On request for certified copies, manuscripts, typed, printed or photographic, each. |
£3.00 |
€3.00 |
32. |
On request for a certificate for use in connection with applications for registration abroad (Rule 5). |
£20.00 |
€25.00 |
33. |
On application for registration in the Register of Trade Mark Agents (Rule 51 (1)). |
£200.00 |
€250.00 |
34. |
For registration in the Register of Trade Mark Agents (Rule 53 (a)). |
£100.00 |
€125.00 |
35. |
Annual fee for renewal of registration as a trade mark agent payable before the 1st day of December each year in respect of the following year (Rule 55). |
£200.00 |
€250.00 |
36. |
On request to the Controller for the removal from the Register of Trade Marks kept under the Act of 1996 of matter which has ceased to have effect - |
|
|
|
(i) where only one mark is affected. |
£20.00 |
Nil |
|
(ii) in respect of every other affected mark covered by the request. |
£5.00 |
|
37. |
Initial once-off connection fee in respect of on-line dial-in access for searches and inspections of the trade mark register. |
£2,000.00 |
€2,500.00 |
|
|
|
SCHEDULE 4 of Explanatory Memorandum |
|
|
Corresponding to Schedule 4 of the Patents, Trade Marks and Designs (Fees) Rules, 2001 |
|
|
Reference Number |
Item |
Up to 31 Dec 2001 |
From 1 Jan 2002 |
1. |
On application to register one design to be applied to a single article in a class. |
£50.00 |
€60.00 |
2. |
On application to register one design to be applied to a set of articles in a class |
£100.00 |
€125.00 |
3. |
On request for correction of a clerical error. |
£10.00 |
€12.00 |
4. |
On request to amend an application for registration. |
£20.00 |
€25.00 |
5. |
For extension of period of copyright for a second period of five years. |
£120.00 |
€152.00 |
6. |
For extension of period of copyright for a third period of five years. |
£180.00 |
€228.00 |
7. |
On application for cancellation of a registration |
£16.00 |
€20.00 |
8. |
On application for an extension of time for completion of the registration of a design, or for the payment of a fee for the extension of the period of copyright in a design, not exceeding the permitted extension, for each month. |
£12.00 |
€15.00 |
9. |
On notice of opposition to the entry in the register of designs kept at the Office pursuant to the Act of 1927 of a disclaimer or memorandum relating to a design. |
£20.00 |
€25.00 |
10. |
On application for entry in the register of designs kept at the Office pursuant to the Act of 1927 on the name of a subsequent proprietor of a registered design or of notice of licence of other document - |
|
|
|
(i) if made within six months of the acquisition of the interest: |
|
|
|
In respect of one entry |
£16.00 |
€20.00 |
|
For each additional similar entry |
£5.00 |
€6.00 |
|
(ii) if made subsequently: |
|
|
|
In respect of one entry |
£24.00 |
€30.00 |
|
For each additional similar entry |
£5.00 |
€6.00 |
11. |
On application by the proprietor of a registered design for cancellation of an entry or for the rectification of the register of designs kept at the Office pursuant to the Act of 1927 not otherwise charged or by a licensee or other person having a registered interest for removal of his name. |
£16.00 |
€20.00 |
12. |
On application by the proprietor of a registered design to alter a name or address or address for service or to enter a second address for service in the register of designs kept at the Office pursuant to the Act of 1927 when there has been no change of proprietorship - |
|
|
|
For one entry |
£4.00 |
€5.00 |
|
For each additional similar entry |
£2.00 |
€2.00 |
13. |
On application under section 129(6) by a person other than the registered proprietor of a design for the rectification of the register of designs kept at the Office pursuant to the Act of 1927. |
£12.00 |
€15.00 |
14. |
On lodgement of notice of Order of Court, Rule 174. |
£4.00 |
€5.00 |
15. |
On notice of intention to publish an unregistered design at an exhibition under section 76. |
£4.00 |
€5.00 |
16. |
On notice of intention to attend at a hearing by the Controller in any proceedings referred to in Rule 155, by each party. |
£8.00 |
€10.00 |
17. |
On application for leave to intervene in any proceedings before the Controller. |
£8.00 |
€10.00 |
18. |
On application to the Controller to state grounds of decision under Rule 87. |
£72.00 |
€91.00 |
19. |
For certificate of the Controller under Rule 148. |
£12.00 |
€15.00 |
20. |
For certified extract from the register of designs kept at the Office pursuant to the Act of 1927. |
£12.00 |
€15.00 |
21. |
For typed office copies of a document, for each 100 words or less. |
£2.50 |
€3.00 |
22. |
For photocopying documents, for each page. |
£0.25 |
€0.30 |
23. |
For certifying office copies MSS, typed, printed or photographic, each. |
£2.50 |
€3.00 |
24. |
On application under section 74 when registered number of design is furnished. |
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|
|
|
£6.00 |
€7.00 |
25. |
On application under section 74 when registered number of design is not furnished. |
£12.00 |
€15.00 |
26. |
For inspection of the register of designs kept at the Office pursuant to the Act of 1927 or other document open to inspection (except inspection under the second paragraph of Section 73(1)) for each quarter of an hour. |
£1.50 |
€1.50 |
27. |
On application under Rule 86 or 151 for hearing. |
£33.00 |
€41.00 |
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