Temporary fee changes

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The following temporary fee changes were in place from 30 July 2020 to 31 March 2021. The fee changes related to patents, supplementary protection certificates (SPCs), trade marks and registered designs.

  • fees for extensions of time were zero
  • there was no surcharge for payment of a patent application fee after the date of filing
  • fees to apply for reinstatement and restoration were zero
  • for patents and designs, there was no surcharge for late payment of a renewal fee
  • for trade marks, the surcharge for late payment of a renewal fee was £1

The fees affected by the temporary fee changes are set out in the tables below. The deadlines for completing actions, requesting extensions of time and paying fees were unaffected by these fee changes and still needed to be complied with.

Any actions taken on or after 1 April 2021 will require the usual fee. Please see the IPO’s forms and fees pages for full details of our fees relating to patents, trade marks and designs.

Extensions of time

Where reasons are required to support a request for an extension of time or a late payment, the Office will try to support those applicants who have been affected by the Covid-19 pandemic. This will continue to be the case after the temporary fee changes have ended.

Late renewals

If you renew your IP right on or after 1 April 2021 and this is after the renewal date then you may need to pay a late payment surcharge. For patent and design renewals the late payment surcharge is calculated based on the renewal date and may be as much as £120. For trade mark renewals the late payment surcharge is £50.

Lapsing of rights

There is no change in practice in relation to the lapsing of rights. For example, where the renewal period has ended in relation to a trade mark or design, then it will be marked as expired on the register. Note that the proprietor may still renew the right late within the six-month surcharge period following the end of the renewal period. There is no change to the periods in which intellectual property rights can be restored or the safeguards which may be available to third parties when rights are restored.

Legislation

The legislation making these fee changes came into force on 30 July. Our systems have now been updated to reflect that the fee changes have now ended.

Temporary fee changes

Patents and SPCs:

Form

Details

Temporary fee until 31 March

AF1

25% surcharge for late payment of the application fee

No surcharge for late payment.  The application fee will be £60 if filed electronically, £90 if filed on paper.

Form 3

fee for making a late declaration of priority under r.7(2)

Zero.  There is no change to the £40 fee for making a late claim to priority under r.6(2).

Form 12

late payment of a renewal fee

Zero.  There is no change to the renewal fee itself.

Form 14

request to reinstate a patent application

Zero

Form 16

application to restore a patent

Zero

Form 52

request to extend a prescribed time limit (including the compliance period)

Zero

SP2

SPC late payment fee

Zero.  There is no change to the annual fee itself.

Temporary fee changes – Trade Marks:

Form

Details

Temporary fee until 31 March

TM9

request for an extension of time before the period has expired

Zero

TM9R

request for a retrospective extension of time

Zero

TM11

late payment of a renewal fee

£1.  There is no change to the renewal fee itself.

TM13

request to restore a trade mark

Zero. There is no change to the renewal fee itself.

Temporary fee changes – Designs:

Form

Details

Temporary fee until 31 March

DF9A

late payment of a renewal fee

Zero.  There is no change to the renewal fee itself.

DF29

request to restore a registered design

Zero

Published 1 July 2020
Last updated 1 April 2021 + show all updates

  1. Changed to reflect that the temporary fee changes have come to an end.

  2. Edited to update information as we enter the last month of the temporary fee changes.

  3. Updated to reflect the period of interruption ending

  4. Some further information on surcharges

  5. First published.

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