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Statutory Instruments

2026 No. 183

DESIGNS

PATENTS

TRADE MARKS

The Intellectual Property Fees (Miscellaneous Amendments, Revocation and Transitional Provisions) Rules 2026

Made

25th February 2026

Laid before Parliament

2nd March 2026

Coming into force

1st April 2026

The Secretary of State makes these Rules in exercise of the powers conferred by section 250 of the Copyright, Designs and Patents Act 1988(1), section 123 of the Patents Act 1977(2), sections 54, 78 and 79 of the Trade Marks Act 1994(3), sections 36 and 40 of the Registered Designs Act 1949(4) and paragraphs 1 and 5(2) of Schedule 4, and paragraph 21(b) of Schedule 7, to the European Union (Withdrawal) Act 2018(5).

In accordance with section 250(3) of the Copyright, Designs and Patents Act 1988, section 40 of the Registered Designs Act 1949 and paragraph 3(1) of Schedule 4 to the European Union (Withdrawal) Act 2018, the Secretary of State has obtained the consent of the Treasury.

In accordance with articles 5, 6 and 7 of the Department of Trade and Industry (Fees) Order 1988(6), the Secretary of State has taken into account the costs of the functions specified in Parts 2, 3 and 4 of Schedule 1, and the matters specified in Parts 1 and 2 of Schedule 2, to that Order.

Citation, commencement and extent

1. —(1) These Rules may be cited as the Intellectual Property Fees (Miscellaneous Amendments, Revocation and Transitional Provisions) Rules 2026 and come into force on 1st April 2026.

(2) These Rules extend to England and Wales, Scotland and Northern Ireland.

Amendment of the Design Right (Proceedings before Comptroller) Rules 1989

1. In Schedule 2 (fees payable in respect of design right) to the Design Right (Proceedings before Comptroller) Rules 1989(7), in the table, in each entry relating to a fee listed in the table in Schedule 1 to these Rules (“Table 1”), for the amount specified in column 2 substitute the amount specified in column 3 of the corresponding entry in Table 1 (revised amount of fee).

Amendment of the Patents (Fees) Rules 2007

1. The Patents (Fees) Rules 2007(8) are amended in accordance with rules 4 to 16.

2. In rule 1(2)(9) (citation, commencement and interpretation), omit sub-paragraph (c) and the “and” preceding it.

3. In rule 2(1)(10) (use of a form), for “8” substitute “7”.

4. In rule 3(11) (application and national phase fees)—

(a) in paragraph (1)(b)—

(i) omit “except as provided in paragraph (3),”;

(ii) in Table 1 (electronic filing), in the second column, for “£60” and “£75” substitute “£75” and “£95” respectively;

(iii) in Table 2 (non-electronic filing), in the second column, for “£90” and “£112.50” substitute “£120” and “£150” respectively;

(b) in paragraph (2), for “£30” substitute “£40”;

(c) omit paragraph (3).

1. In rule 3A(12) (electronic filing fee reduction), for “£30” substitute “£40”.

2. In rule 3B(13) (excess claims fee), for “£20” substitute “£27”.

3. In rule 3C(14) (excess pages fee), for “£10” substitute “£13”.

4. In rule 3D(1)(15) (patent grant fee)—

(a) in sub-paragraph (a), for “£20” substitute “£27”;

(b) in sub-paragraph (b), for “£10” substitute “£13”.

1. In rule 5(16) (late renewal fees)—

(a) in paragraph (1), omit “Except as provided in paragraph (3),”;

(b) omit paragraph (3).

1. In rule 6(17) (supplementary protection certificate fees)—

(a) in paragraph (2)—

(i) in sub-paragraph (a), for “£600” substitute “£800”;

(ii) in sub-paragraph (b), for “£1,300” substitute “£1,740”;

(iii) in sub-paragraph (c), for “£2,100” substitute “£2,810”;

(iv) in sub-paragraph (d), for “£3,000” substitute “£4,010”;

(v) in sub-paragraph (e), for “£4,000” substitute “£5,340”;

(b) in paragraph (4), omit “Except as provided in paragraph (6),”;

(c) omit paragraph (6).

1. In rule 7(18) (other fees)—

(a) in paragraph (1), for “£12” substitute “£16”;

(b) in paragraph (3), for “£75” substitute “£100”;

(c) in paragraph (3A), for “£150” substitute “£200”.

1. Omit rule 8(19) (temporary fee reduction).

2. In Schedule 1(20) (patents fees), in the table, in each entry relating to a fee listed in the table in Schedule 2 to these Rules (“Table 2”), for the amount specified in column 3 substitute the amount specified in column 4 of the corresponding entry in Table 2 (revised amount of fee).

3. In Schedule 2(21) (renewal fees)—

(a) in Part 1, in the table, in each entry relating to a fee listed in the table in Part 1 of Schedule 3 to these Rules (“Table 3”), for the amount specified in column 2 substitute the amount specified in column 3 of the corresponding entry in Table 3 (revised amount of fee);

(b) in Part 2, in the table, in each entry relating to a fee listed in the table in Part 2 of Schedule 3 to these Rules (“Table 4”), for the amount specified in column 2 substitute the amount specified in column 3 of the corresponding entry in Table 4 (revised amount of fee).

Amendment of the Trade Marks (Fees) Rules 2008

1. The Trade Marks (Fees) Rules 2008(22) are amended in accordance with rules 18 to 20.

2. In rule 2(1)(23) (fees payable), omit “Except as provided in rule 3A,”.

3. Omit rule 3A(24) (temporary fee reduction).

4. In the Schedule(25) (fees payable), in the table, in each entry relating to a fee listed in the table in Schedule 4 to these Rules (“Table 5”), for the amount specified in column 3 substitute the amount specified in column 4 of the corresponding entry in Table 5 (revised amount of fee).

Amendment of the Trade Marks (International Registration) Order 2008

1. In Schedule 6 (fees) to the Trade Marks (International Registration) Order 2008(26), in the table, in each entry relating to a fee listed in the table in Schedule 5 to these Rules (“Table 6”), for the amount specified in column 2 substitute the amount specified in column 3 of the corresponding entry in Table 6 (revised amount of fee).

Amendment of the Registered Designs (Fees) Rules 2016

1. The Registered Designs (Fees) Rules 2016(27) are amended in accordance with rules 23 to 28.

2. In rule 4(2) (electronic application fees), in Table 1—

(a) in the second column of the first and second rows, for “£50” and “£70” substitute “£60” and “£85” respectively;

(b) in the second column of the third row, for “£70” and “£20” substitute “£85” and “£25” respectively.

1. In rule 5(2) (non-electronic application fees), in Table 2—

(a) in the second column of the first row, for “£60” substitute “£75”;

(b) in the second column of the second row, for “£60” and “£40” substitute “£75” and “£50” respectively.

1. In rule 6(28) (registration extension fees), in paragraph (3), omit “Except as provided in rule 8,”.

2. In rule 7(29) (other fees), omit “Except as provided in rule 8,”.

3. Omit rule 8(30) (temporary fee reduction).

4. In the Schedule (fees payable)—

(a) in Part 1, in the table, in each entry relating to a fee listed in the table in Part 1 of Schedule 6 to these Rules (“Table 7”), for the amount specified in column 2 substitute the amount specified in column 3 of the corresponding entry in Table 7 (revised amount of fee);

(b) in Part 2, in the table, in each entry relating to a fee listed in the table in Part 2 of Schedule 6 to these Rules (“Table 8”), for the amount specified in column 2 substitute the amount specified in column 3 of the corresponding entry in Table 8 (revised amount of fee);

(c) in Part 3, in the table, in each entry relating to a fee listed in the table in Part 3 of Schedule 6 to these rules (“Table 9”), for the amount specified in column 2 substitute the amount specified in column 3 of the corresponding entry in Table 9 (revised amount of fee).

Amendment of the Trade Marks (Amendment etc.) (EU Exit) Regulations 2019

1. In the Trade Marks (Amendment etc.) (EU Exit) Regulations 2019(31), in Schedule 2 (comparable trade mark (EU) fees), in paragraph 5, for “The Trade Marks (Fees) Rules 2008” substitute “the Trade Marks (Fees) Rules 2008(32)”.

Amendment of the Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019

1. The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019(33) are amended in accordance with rules 31 and 32.

2. In Part 1 of Schedule 5 (re-registered designs and re-registered international designs fees), in paragraph 8, for “The Registered Designs (Fees) Rules 2016” substitute “The Registered Designs (Fees) Rules 2016(34)”.

3. In Part 2 of Schedule 5 (comparable trade mark (IR) fees), in paragraph 14, for “The Trade Marks (Fees) Rules 2008” substitute “The Trade Marks (Fees) Rules 2008(35)”.

Revocation of the Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020

1. The Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020(36) are revoked.

Transitional Provisions

1. —(1) The changes in amount of fee payable in respect of the renewal of a patent effected by rule 16(a) shall not apply to a renewal fee paid on or after 1st April 2026 in respect of a renewal date which falls prior to 1st April 2026, if it is paid by the end of the period mentioned in section 25(4) of the Patents Act 1977(37).

(2)  The change in amount of fee payable in respect of the renewal of a trade mark under rule 35 of the Trade Marks Rules 2008(38) effected by rule 20 shall not apply to a renewal fee paid on or after 1st April 2026 in respect of a renewal date which falls prior to 1st April 2026, if it is paid by the end of the period prescribed under section 43(3) of the Trade Marks Act 1994(39).

(3)  The changes in amount of fee payable in respect of the extension of the duration of the right in a registered design effected by rule 28(a) shall not apply to a renewal fee paid on or after 1st April 2026 in respect of a renewal date which falls prior to 1st April 2026, if it is paid by the end of the period mentioned in section 8(4) of the Registered Designs Act 1949(40).

(4)  The change in amount of fee payable in respect of the renewal of a comparable trade mark (EU) under rule 35 of the Trade Marks Rules 2008 effected by rule 29 shall not apply to a renewal fee paid on or after 1st April 2026 in respect of a renewal date which falls prior to 1st April 2026, if it is paid by the end of the period prescribed under section 43(3) of the Trade Marks Act 1994.

(5)  The changes in amount of fee payable in respect of the extension of the duration of the right in a re-registered design or a re-registered international design effected by rule 31 shall not apply to a renewal fee paid on or after 1st April 2026 in respect of a renewal date which falls prior to 1st April 2026, if it is paid by the end of the period mentioned in section 8(4) of the Registered Designs Act 1949.

(6)  The change in the amount of fee payable in respect of the renewal of a comparable trade mark (IR) under rule 35 of the Trade Marks Rules 2008 effected by rule 32 shall not apply to a renewal fee paid on or after 1st April 2026 in respect of a renewal date which falls prior to 1st April 2026, if it is paid by the end of the period prescribed under section 43(3) of the Trade Marks Act 1994.

(7)  In this rule, “renewal date”—

(a) in relation to a patent, has the meaning given in rule 36(1) of the Patents Rules 2007(41);

(b) in relation to a trade mark, registered design, comparable trade mark (EU), re-registered design, re-registered international design or comparable trade mark (IR), means the date of expiry of the relevant registration.

Kanishka Narayan

Parliamentary Under-Secretary of State

Department for Science, Innovation and Technology

25th February 2026

We consent to the making of these Rules

Stephen Morgan

Gen Kitchen

Two of the Lords Commissioners of His Majesty's Treasury

25th February 2026

Rule 2

Schedule 1 Amendment of fees in the Design Right (Proceedings before Comptroller) Rules 1989

Table 1

| Item

(References to a “rule” are to a rule in the Design Right (Proceedings before Comptroller) Rules 1989) | Current amount of fee | Revised amount of fee |
| --- | --- | --- |
| On reference of dispute (Form 1) under rule 3(1) | £65 | £80 |
| On application (Form 2) under rule 7(1) | £40 | £50 |
| On application (Form 3) under rule 10(1) | £65 | £80 |
| On application (Form 4) under rule 14(1) | £65 | £80 |
Rule 15

Schedule 2 Amendment of fees in Schedule 1 to the Patents (Fees) Rules 2007

Table 2

| Patents Form Number | Item | Current amount of fee | Revised amount of fee |
| --- | --- | --- | --- |
| | (References to the 2007 Rules are to the Patents Rules 2007 (42) | | |
| 2 | On starting proceedings in relation to applications, references or requests in accordance with rule 76(1) of, and the provisions mentioned in Part 1 of Schedule 3 to, the 2007 Rules (except those started on Form SP3) | £50 | £65 |
| 2 | On applying for the review of an opinion in accordance with rule 98(3) of the 2007 Rules | £50 | £65 |
| 3 | On making a declaration for the purposes of section 5(2), in relation to an earlier relevant application filed during the period allowed by section 5(2A)(a), in accordance with rule 6 of the 2007 Rules | £40 | £55 |
| 3 | On request for permission to make a late declaration of priority under section 5(2B) in accordance with rule 7 of the 2007 Rules | £150 | £200 |
| 4 | On continuing proceedings following receipt of a counter-statement in accordance with rule 80(1A) of the 2007 Rules | £350 | £450 |
| 9A | On request for a search under section 17(1) in accordance with rule 27 of the 2007 Rules— | | |
| | (a) in respect of an international application for a patent (UK), which has already been the subject of a search by the International Searching Authority | £150 | £200 |
| | (b) in respect of any other application | £180 | £240 |
| 9A | On request for a further search under section 17(6) or payment for a supplementary search under section 17(8) in accordance with rule 27 of the 2007 Rules | £180 | £240 |
| 10 | On request for a substantive examination of an application in accordance with rule 28 of the 2007 Rules | £130 | £170 |
| 14 | On request under section 20A for reinstatement of an application in accordance with rule 32 of the 2007 Rules | £150 | £200 |
| 15 | On giving notice of opposition in accordance with rule 76 of, and the provisions mentioned in Part 2 of Schedule 3 to, the 2007 Rules | £50 | £65 |
| 16 | On application under section 28 for restoration of a patent in accordance with rule 40 of the 2007 Rules | £135 | £180 |
| 17 | On request for an opinion under section 74A in accordance with rule 93 of the 2007 Rules | £200 | £250 |
| 21 | On application to register (or to give notice of) any transaction, instrument or event mentioned in section 32(2)(b) or 33(3) in accordance with rule 47 of the 2007 Rules | £50 | £65 |
| 23 | On application for a certified copy of an entry in the register, or a certified extract from the register, or of a relevant document in accordance with rule 46(1) or 48(5) of the 2007 Rules | £20 | £27 |
| 23 | On application for an uncertified copy of an entry in the register, or an uncertified extract from the register, or of a relevant document in accordance with rule 46(2) or 48(5) of the 2007 Rules | £5 | £7 |
| 23 | On request for a certified copy of an international application filed at the Patent Office as the competent receiving Office in accordance with rule 65(4) of the 2007 Rules | £20 | £27 |
| 23 | On application for a certificate in accordance with rule 46(3) of the 2007 Rules | £20 | £27 |
| 49 | On request to be notified of a relevant event in accordance with rule 54 of the 2007 Rules | £25 | £35 |
| 52 | On request for extension of a period of time in accordance with rule 108(2) and (3) of the 2007 Rules | £135 | £175 |
| SP1 | On application for a supplementary protection certificate under Article 8 of the Medicinal Products or Plant Protection Products Regulations in accordance with rule 116 of the 2007 Rules | £250 | £330 |
| SP3 | On application to review lapse or for a declaration of invalidity under Articles 14 or 15 of the Medicinal Products or Plant Protection Products Regulations or for revocation of an extension of the duration of a supplementary protection certificate under Article 15a of the Medicinal Products Regulation in accordance with rule 76 of the 2007 Rules | £50 | £65 |
| SP4 | On application for an extension of the duration of a supplementary protection certificate under Article 8 of the Medicinal Products Regulation in accordance with rule 116 of the 2007 Rules | £200 | £270 |
Rule 16

Schedule 3 Amendment of fees in Schedule 2 to the Patents (Fees) Rules 2007

Part 1 Renewal Fee

Table 3

| Anniversary of date of filing | Current amount of fee | Revised amount of fee |
| --- | --- | --- |
| 4th | £70 | £90 |
| 5th | £90 | £120 |
| 6th | £110 | £150 |
| 7th | £130 | £170 |
| 8th | £150 | £200 |
| 9th | £170 | £230 |
| 10th | £190 | £250 |
| 11th | £220 | £290 |
| 12th | £260 | £340 |
| 13th | £300 | £400 |
| 14th | £360 | £480 |
| 15th | £420 | £560 |
| 16th | £470 | £620 |
| 17th | £520 | £690 |
| 18th | £570 | £760 |
| 19th | £610 | £810 |

Part 2 Additional Fee

Table 4

| Month beginning after the expiry of the period for payment of the renewal fee | Current amount of fee | Revised amount of fee |
| --- | --- | --- |
| 2nd | £24 | £32 |
| 3rd | £48 | £64 |
| 4th | £72 | £96 |
| 5th | £96 | £128 |
| 6th | £120 | £160 |
Rule 20

Schedule 4 Amendment of fees in the Trade Marks (Fees) Rules 2008

Table 5

| Number of corresponding form | Item | Current amount of fee | Revised amount of fee |
| --- | --- | --- | --- |
| | (References to a “rule” are to a rule in the Trade Marks Rules 2008 (43) | | |
| TM3 | Standard application for registration of a trade mark (rule 5) or a series of trade marks (rule 28) | £200 | £250 |
| e-TM3 | Request to the Registrar for expedited examination of electronic application for registration of a trade mark (rule 5(2)) | £300 | £370 |
| TM3 | Class fee (rule 5), for each class over one contained in a standard application | £50 | £60 |
| TM3 | Series fee (rule 28(1A)), for each trade mark over two contained in a standard application | £50 | £60 |
| e-TM3 | Electronic application for registration of a trade mark (rule 5(1B)) or a series of trade marks (rule 28) | £170 | £205 |
| e-TM3 | Class fee (rule 5), for each class over one contained in an electronic application | £50 | £60 |
| e-TM3 | Series fee (rule 28(1A)), for each trade mark over two contained in an electronic application | £50 | £60 |
| TM3A | Application for additional classes following examination of a mark (rule 8(4)), for each additional class | £50 | £60 |
| TM5 | Request to the registrar for a statement of the reasons for his decision (rule 69(2)) | £100 | £125 |
| TM7 | Notice of opposition to the registration of a mark (rule 17(1)) | £200 | £250 |
| TM7 | Notice of opposition to the registration of a mark where the grounds of opposition are based solely on either or both of sub-sections 5(1) and (2) of the Trade Marks Act 1994 | £100 | £125 |
| TM7 | Notice of opposition to the amendment of an application (rule 25(2)), or to the amendment of the regulations relating to a certification or collective trade mark (rule 30(4)), to the alteration of a registered trade mark (rule 32(3)), to the removal of matter from the register (rule 53(2)(a)), to the reclassification of a mark in accordance with the relevant Nice Classification (rule 55(1)) | £200 | £250 |
| TM7F | Notice of fast track opposition to the registration of a mark (rule 17A) | £100 | £125 |
| TM7G | Application to add grounds, other than under section 5(1) or 5(2) of the Act, to an opposition made under Rule 17 (rule 62(1)(e)) | £100 | £125 |
| TM9 | Request for extension of time (rule 77(2)) | £100 | £125 |
| TM11 | Renewal of registration (rule 35) | £200 | £245 |
| TM11 | Class fee for each class over one (rule 35) | £50 | £60 |
| TM11 | Delayed renewal of registration (rule 36(2)) | £50 | £60 |
| TM12 | Request for division of an application (rule 26(1)) | £100 | £125 |
| TM13 | Request for the restoration and renewal of a registration removed from the register for failure to renew (rule 37(1)) | £100 | £125 |
| TM16 | Request to enter details of an assignment (rule 49(1)(a)) | £50 | £60 |
| 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 | £60 |
| TM26 (N) | Request for the revocation of a registration (on grounds of non-use) (rule 38) | £200 | £250 |
| TM26 (O) | Request for the revocation of a registration (on grounds other than non-use) (rule 39) | £200 | £250 |
| TM26 (I) | Request for the invalidation of a registration (rule 41) | £200 | £250 |
| TM31C | Request for information about applications and registered trade marks (rule 56) | £20 | £25 |
| TM31R | Request for certified copy of an entry on the register (rule 51), per certificate | £20 | £25 |
| TM35 | Filing of regulations governing the use of a certification or collective mark (rule 29) | £200 | £250 |
| TM36 | Request to amend regulations governing the use of a certification or collective mark (rule 30(1)) | £100 | £125 |
| TM50 | Request to enter details relating to a grant of a licence (rule 49(1)(b)) | £50 | £60 |
| TM51 | Request to enter details relating to an amendment to, or termination of a licence (rule 49(1)(c)) | £50 | £60 |
| TM55P | Appeal to the person appointed under section 76 in proceedings between two or more parties (rule 71(1A)) | £250 | £300 |
Rule 21

Schedule 5 Amendment of fees in the Trade Marks (International Registration) Order 2008

Table 6

| Matter in respect of which fee payable | Current amount of fee | Revised amount of fee |
| --- | --- | --- |
| (References to a “trade marks rule” are to a rule in the Trade Marks Rules 2008) | | |
| Notice of opposition to the conferring of protection on an international registration (trade marks rule 17) | £200 | £250 |
| Notice of opposition to the conferring of protection on an international registration where the grounds of opposition are based solely on either or both of sub-sections 5(1) and (2) of the Trade Marks Act 1994 | £100 | £125 |
| Notice of fast track opposition to the conferring of protection on an international registration (trade marks rule 17A) | £100 | £125 |
| Application to add grounds, other than under section 5(1) or 5(2) of the Act, to an opposition to the conferring of protection on an international registration (trade marks rule 62(1)(e)) | £100 | £125 |
| Request for the revocation of a protected international trade mark (UK) (on grounds other than non-use) (trade marks rule 39) | £200 | £250 |
| Request for the revocation of a protected international trade mark (UK) (on grounds of non-use) (trade marks rule 38) | £200 | £250 |
| Request for the invalidation of a protected international trade mark (UK) (trade marks rule 41) | £200 | £250 |
| Submission fee for an international application (Schedule 3, paragraph 1) | £40 | £50 |
| Handling fee for the transmission by the Patent Office of fees payable to the International Bureau for renewal of an international registration (Schedule 5, paragraph 7) | £20 | £25 |
| Request to the Registrar for a statement of reasons for his decision (trade marks rule 69(2)) | £20 | £125 |
| Request for an extension of time (trade marks rule 77(2)) | £100 | £125 |
| Request for information in relation to an international mark (UK) | £50 | £25 |
| Filing of regulations governing the use of a certification or collective mark (trade marks rule 29) | £200 | £250 |
| Request to amend regulations governing the use of a certification or collective mark (trade marks rule 30) | £100 | £125 |
| Notice of opposition to the amendment of regulations relating to a certification or collective mark (trade marks rule 30(4)) | £200 | £250 |
| Request to enter details in the supplementary register relating to the grant, amendment or termination of any security interest (trade marks rule 49(1)(d)) | £50 | £60 |
| Appeal to the person appointed under section 76 in proceedings between two or more parties (trade marks rule 71(1A)) | £250 | £300 |
Rule 28

Schedule 6 Amendment of fees in the Registered Designs (Fees) Rules 2016

Part 1 Renewal Fees

Table 7

| Period to which the application relates | Current amount of fee | Revised amount of fee |
| --- | --- | --- |
| Second period of five years | £70 | £85 |
| Third period of five years | £90 | £110 |
| Fourth period of five years | £110 | £135 |
| Fifth period of five years | £140 | £170 |

Part 2 Additional Fees

Table 8

| Number of the month in the six month period referred to in section 8(4) of the Registered Designs Act 1949 in which the application for renewal is made | Current amount of fee | Revised amount of fee |
| --- | --- | --- |
| 2nd | £24 | £30 |
| 3rd | £48 | £60 |
| 4th | £72 | £90 |
| 5th | £96 | £120 |
| 6th | £120 | £150 |

Part 3 Other Fees Payable

Table 9

| Description of application or request in accordance with the Registered Designs Rules 2006

(References to a “rule” are to a rule in the Registered Designs Rules 2006(44)) | Current amount of fee | Revised amount of fee |
| --- | --- | --- |
| Application to publish one or more designs on Form DF2C pursuant to rule 9 | £40 | £50 |
| Request to invalidate a design registration on Form DF19A pursuant to rule 15 | £48 | £60 |
| Request for a search of the UK designs register on Form DF21 pursuant to rule 31 | £24 | £30 |
| Request for a certified copy of an entry in the register on Form DF23 pursuant to rule 32 | £30 | £38 |
| Request to restore a registration on Form DF29 pursuant to rule 13 | £120 | £150 |

Explanatory Note

(This note is not part of the Rules)

These Rules amend various instruments (“the Fees Rules”), namely the Design Right (Proceedings before Comptroller) Rules 1989 (S.I. 1989/1130) (“the Design Right Rules”), the Patents (Fees) Rules 2007 (S.I. 2007/3292), the Trade Marks (Fees) Rules 2008 (S.I. 2008/1958) (“the TM Rules”), the Trade Marks (International Registration) Order 2008 (S.I. 2008/2206) (“ the ITM Order ”), the Registered Designs (Fees) Rules 2016 (S.I. 2016/889) (“the RD Rules”), the Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/269) and the Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations (S.I. 2019/638) (together “ the EU Exit Regulations ”), to make various changes to the fees fixed by or determined under those instruments. The Fees Rules fix or determine the fees payable in respect of: (a) matters arising under the Copyright, Designs and Patents Act 1988 (c. 48), the Patents Act 1977 (c. 37), the Trade Marks Act 1994 (c. 26) and the Registered Designs Act 1949 (c. 88), and (b) comparable trade marks (EU), comparable trade marks (IR), re-registered designs and re-registered international designs under powers conferred by the European Union (Withdrawal) Act 2018 (c. 16).

In particular, these Rules introduce fee increases for the fees that were fixed by or determined under the Fees Rules in relation to design right (see rule 2 and Schedule 1), patents (see rules 6 to 10, 12, 13, 15 and 16 and Schedules 2 and 3), trade marks (see rule 20 and Schedule 4), international trade marks (see rule 21 and Schedule 5) and registered designs (see rules 23, 24 and 28 and Schedule 6).

The fees relating to design right and registered designs are raised by between 20% and 27% from the level set out in the Design Right Rules and the RD Rules.

The fees relating to trade marks and international trade marks are raised by between 20% and 25% from the level set out in the TM Rules and the ITM Order. This is with the exception of the fee for requesting a statement of reasons for a decision on an international trade mark, which is increased by Schedule 5 from £20 to £125. This addresses an existing error in the ITM Order, and represents a 25% increase to the level of fee that was intended to be set out in the ITM Order when it was made.

The fees relating to patents are raised by between 25% and 40% from the level set out in the Patents (Fees) Rules 2007.

The increase in fees for designs and trade marks and for the majority of the patent fee increases is at a rate less than inflation (based upon CPI inflation of 33% between 2016 and 2024).

Rules 29 to 32 amend the EU Exit Regulations to provide that the amendments made by these Rules to the TM Rules and the RD Rules will apply in relation to comparable trade marks (EU), comparable trade marks (IR), re-registered designs and re-registered international designs which were protected in the UK with effect from IP completion day.

Rule 33 revokes the Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/644) which reduced certain of the fees fixed by or determined under the Fees Rules to nil (or, in one case, to £1) in respect of the period beginning on 30th July 2020 and ending on 31st March 2021, and which are therefore now spent.

Rule 34 makes transitional provisions in relation to the payment of renewal fees for patents, trade marks, registered designs, comparable trade marks (EU), re-registered designs, re-registered international designs and comparable trade marks (IR).

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Legislation UK website www.legislation.gov.uk.

A copy of this instrument, the impact assessment and the Explanatory Memorandum are available from the Intellectual Property Office, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ. The Explanatory Memorandum is also available alongside this instrument on the Legislation UK website www.legislation.gov.uk.

(1) 1988 c. 48.

(2) 1977 c. 37; section 123 was amended by the Copyright, Designs and Patents Act 1988 (c. 48), Schedule 5, paragraph 29, Schedule 7, paragraph 22 and Schedule 8 and the Patents Act 2004 (c. 16), Schedule 2, paragraphs 1 and 26.

(3) 1994 c. 26.

(4) 1949 c. 88; section 36 was amended by the Copyright, Designs and Patents Act 1988 (c. 48), Schedule 3, paragraph 26; S.I. 2001/3949, regulation 9(1) and Schedule 1, paragraph 11; the Intellectual Property Act 2014 (c. 18), section 12; section 40 was amended by the Copyright Designs and Patents Act 1988 (c. 48), Schedule 3, paragraph 29.

(5) 2018 c. 16; paragraph 21(b) of Schedule 7 was amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1), Schedule 5, paragraph 53 and the Retained EU Law (Revocation and Reform) Act 2023 (c. 28), Schedule 2, paragraph 8. See paragraph 2(1) of Schedule 4 to that Act for a definition of “appropriate authority” and section 20(1) of that Act for a definition of “Minister of the Crown”.

(6) S.I. 1988/93, amended by S.I. 1990/1473 both of which were made under section 102 of the Finance Act (No. 2) Act 1987 (c. 51); there are other amending instruments but none is relevant.

(7) S.I. 1989/1130. Schedule 2 was substituted by S.I. 1992/615, rule 2 and Schedule; there are other amending instruments but none is relevant.

(8) S.I. 2007/3292, amended by S.I. 2009/2089, 2010/33, 2017/1100, 2020/644.

(9) Rule 1(2) was amended by S.I. 2020/644, rule 3.

(10) Rule 2(1) was amended by S.I. 2020/644, rule 4.

(11) Rule 3 was amended by S.I. 2009/2089, rule 21, S.I. 2017/1100, rule 6 and S.I. 2020/644, rule 5.

(12) Rule 3A was inserted by S.I. 2009/2089, rule 22 and amended by S.I. 2010/33, rule 7 and S.I. 2017/1100, rule 7.

(13) Rule 3B was inserted by S.I. 2017/1100, rule 8.

(14) Rule 3C was inserted by S.I. 2017/1100, rule 8.

(15) Rule 3D was inserted by S.I. 2017/1100, rule 8.

(16) Rule 5 was amended by S.I. 2020/644, rule 6.

(17) Rule 6 was amended by S.I. 2020/644, rule 7.

(18) Rule 7 was amended by S.I. 2010/33, rule 9.

(19) Rule 8 was inserted by S.I. 2020/644, rule 8.

(20) Schedule 1 was amended by S.I. 2010/33, rule 10 and S.I. 2017/1100, rule 9.

(21) Schedule 2 was amended by S.I. 2010/33 rule 11 and S.I. 2017/1100, rule 10.

(22) S.I. 2008/1958 amended by S.I. 2009/2089, 2010/33, 2012/1003, 2013/2236, 2020/644.

(23) Rule 2(1) was amended by S.I. 2020/644, rule 10.

(24) Rule 3A was inserted by S.I. 2020/644, rule 11.

(25) The Schedule was amended by S.I. 2009/2089 rules 15 to 19, S.I. 2010/33, rules 13 and 14, S.I. 2012/1003, rule 3, S.I. 2013/2236, rule 2.

(26) S.I. 2008/2206, Schedule 6 was amended by S.I. 2009/2464, articles 2 and 4, S.I. 2010/32, articles 2 and 3, S.I. 2013/2237, article 2; there are other amending instruments but none is relevant.

(27) S.I. 2016/889 amended by S.I. 2020/644.

(28) Rule 6 was amended by S.I. 2020/644, rule 13.

(29) Rule 7 was amended by S.I. 2020/644, rule 14.

(30) Rule 8 was inserted by S.I. 2020/644, rule 15.

(31) S.I. 2019/269, amended by S.I. 2020/1050.

(32) S.I. 2008/1958, amended by S.I. 2009/2089, 2010/33, 2012/1003, 2013/2236, 2020/644 and rules 17 to 20 of these Rules.

(33) S.I. 2019/638, amended by S.I. 2020/1050.

(34) S.I. 2016/889, amended by S.I. 2020/644 and rules 22 to 28 of these Rules.

(35) S.I. 2008/1958, amended by S.I. 2009/2089, 2010/33, 2012/1003, 2013/2236, 2020/644 and rules 17 to 20 of these Rules.

(36) S.I. 2020/644.

(37) 1977 c. 37, Section 25(4) was amended by the Patents Act 2004 (c. 16), section 8(2).

(38) S.I. 2008/1797; rule 35 was amended by S.I. 2018/825, regulations 34 and 41.

(39) 1994 c. 26.

(40) 1949 c. 88, Section 8(4) was substituted by the Copyright, Designs and Patents Act 1988 (c. 48), section 269.

(41) S.I. 2007/3291; rule 36(1) was amended by S.I. 2014/2401, rules 2 and 4.

(42) S.I. 2007/3291, amended by S.I. 2009/546, 2010/33, 2011/2052, 2014/2401, 2016/892, 2017/1100, 2019/801, 2020/1050, 2020/1317, 2020/1471.

(43) S.I. 2008/1797, amended by S.I. 2008/2300, 2008/2683, 2009/546, 2009/2089, 2012/1003, 2013/444, 2013/2235, 2018/825, 2019/269, 2019/638, 2020/1050, 2020/1317.

(44) S.I. 2006/1975, amended by S.I. 2009/546, 2013/444, 2015/169, 2014/2405, 2019/638, 2020/1050, 2020/1317.

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