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UK Consults On Patent Fee Changes

by Robin Pilgrim, LawAndTax-News.com, London

27 July 2009

A public consultation setting out proposed changes to current patent fees has been announced by the UK Intellectual Property Office.

The Intellectual Property Office said that it is aiming to keep fees at a level which ensures that “innovative businesses and individuals in the UK (and beyond) can access and enjoy the benefits of the IP system.”

The IPO said that a number of “modest” fee increases are proposed. The office is also reviewing an increase in search and examination fees for businesses looking to get a patent, but this is linked to an increased discount for e-filed search and examination requests.

The IPO points out that fees have not increased significantly since 1992, and the proposals will allow fees to “better reflect the costs of the IP services provided.”

The main proposals include:

  • Some increases to patent renewal fees, chiefly for mature patents
  • An increase in patent search and examination fees but with a larger discount for e-filed search and examination requests
  • The introduction of an excess claims fee, and
  • The introduction of a litigation fee for contested patent proceedings at the Intellectual Property Office.

David Lammy, Minister of State for Intellectual Property said:

“Patent fees must be set at levels which allow innovative businesses and individuals in the UK and beyond to access and enjoy the benefits of protecting their intellectual property.”

“But I also want to ensure that businesses have a functioning and value-generating IP system that supports and encourages innovation in the UK. The Intellectual Property Office needs a sustainable income to continue providing this service to its customers.”

“It’s important to realize that UK patent fees are, and would still remain, some of the lowest in the world even if these proposals go ahead. These low fees continue to offer the attractive choice of national IP protection for UK innovators.”

The review has also considered and made proposals on changes to Intellectual Property Office fees for handling international patent applications and the fees for recording transactions on designs, patents and trade marks.

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