Structure of patent fees reviewed in Intellectual Property Office consultation announced today

A public consultation setting out proposed changes to current patent fees was today announced by the Intellectual Property Office. The Intellectual Property Office 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.

Modest renewal fee increases are proposed; an increase in search and examination fees for businesses looking to get a patent is also reviewed, but this is linked to an increased discount for e-filed search and examination requests.

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 realise 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.

Reviewing and revising fees is in keeping with HM Treasury guidelines. The Intellectual Property Office have not significantly increased fees since 1992 and in line with the recommendations in the Gowers Review, the proposals will allow fees to better reflect the costs of the IP services provided.

The consultation and its proposals can be seen on the Intellectual Property Office website. Stakeholders are invited to consider the possible effects of the proposed changes and views are particularly welcome from anyone who is interested in, applies for, or owns patents.

For more information please contact James Thompson on +44 (0) 207 034 2847 or Katie Phillips on +44 (0) 1633 4326

Notes to Editors

• For most users of the patents system, the official fees are a very small proportion of the cost of getting patent rights.
• UK patent fees would still remain some of the lowest in the world, and patent renewal fees would still in real terms be lower than in the early 1990s (when they were last changed).
• Official fees are required to take a patent application through various stages from filing through to grant of a patent. A patent lasts for up to 20 years, and an annual “renewal fee” is then payable to keep the patent in force each year.
• The intention of the proposed fee changes is that Intellectual Property Office fees better reflect the costs incurred, while stopping short of full cost recovery. Fees for processing patent applications would remain relatively low, and the costs to the Intellectual Property Office of processing patent applications would continue to be recovered by the payment of the annual renewal fees.

Date of release: 20 July 2009