Legal basis for levying renewal fees

Sect. 25, 77 PA

(see also “Patents and Designs Journal” 1998, 3706)

Enquiries re renewal fees and validity:

Tel. (+ 44 1633) 81 49 39

1 Amount of fees

plus any charges levied by banks

R. 39(2) PR

Schedule PFR

2 (a) Due date (in the patent year concerned) (b) Time limit for payment (without surcharge)*

(a) anniversary of date of filing

(b) where the first renewal fee is due on, or within three months of, the date of publication in the European Patent Bulletin of the mention of the grant of the patent, that renewal fee may be paid within those three months without any additional fee being charged.

Payment may not be made more than three months before the due date (Form 12/77)

Sect. 25 PA

R. 39(2) PR

* For first renewal fee to be paid, see Art. 141(2) EPC.

3 Period of grace for payment of fees (with surcharge) (a) duration (b) surcharge

(a) 6 months from due date

(b) 1st month: 0 (Nil)

2nd month: GBP 24

3rd month: GBP 24

4th month: GBP 24

5th month: GBP 24

6th month: GBP 24

Sec. 25(4) PA

R. 39(6) PR

Schedule PFR

4 Communication of a reminder in cases of non-payment (a) provided for (b) date of despatch

(a) Yes (reminders are sent to addresses outside the UK)

(b) within 6 weeks after the due date

Sect. 25(5) PA

R. 39(4), (5) PR

5 Restitutio in integrum (a) provided for (b) time limit for submitting application

(a) Yes

(b) within 19 months of the date on which the patent ceased to have effect

Sect. 28 PA

R. 41 PR

6 Appointment of a national professional representative for (a) payment of fees (b) communication of a reminder of non-payment (c) proceedings in respect of restitutio in integrum

(a) and (b) No

(c) No, but an address for service in the United Kingdom must be given

R. 30 PR (see also R. 45 PR)

7 Information regarding lapse of patent in cases of non-payment of renewal fees

Communication to applicant (notice of cessation)

Entry in Register of Patents

Publication in the "Patents and Designs Journal"

Sect. 32(2), 123 (6) PA

R. 42, 48 PR