S T A T U T O R Y  I N S T R U M E N T S  
2017 No. 1100 
PATENTS 
The Patents and Patents (Fees) (Amendment) Rules 20 17 
Made  - - - - 14th November 2017 
Laid before Parliament  16th November 2017 
Coming into force  - - 6th April 2018 
The Secretary of State makes the following Rules in  exercise of the powers conferred by sections 
18(4) and 123 of the Patents Act 1977( a). 
In accordance with article 7 of the Department of T rade and Industry (Fees) Order 1988( b), the 
Secretary of State has taken into account the funct ions and matters specified in Part 4 of Schedule 
1 and Parts 1 and 2 of Schedule 2 to that Order. 
Citation, commencement and interpretation 
1. —(1) These Rules may be cited as the Patents and Pa tents (Fees) (Amendment) Rules 2017 
and come into force on 6th April 2018. 
(2)  In these Rules— 
“the Act” means the Patents Act 1977; 
“Commencement Date” means the date referred to in p aragraph (1); 
“the Fees Rules” means the Patents (Fees) Rules 200 7( c); 
“the Patents Rules” means the Patents Rules 2007( d). 
Amendments to the Patents Rules 
2.  The Patents Rules are amended as follows. 
3.  After rule 30 insert— 
“30A Fee for the grant of a patent under section 18( 4) 
(1) Where at the date of notification by the comptr oller to the applicant in accordance 
with section 18(4)— 
(a) the number of claims contained in the applicati on— 
                                                                                                                                            
(a) 1977 c.37; section 18(4) was amended by S.I. 2004 /2357, articles 2, 7(1) and (4) and section 123 was  amended by the 
Copyright, Designs and Patents Act 1988 (c.48), Sch edule 5, paragraph 29, Schedule 7, paragraph 22 and  Schedule 8 and 
the Patents Act 2004 (c.16), Schedule 2, paragraphs  1 and 26 and Schedule 3. 
(b) S.I. 1988/93, amended by S.I. 1990/1473 both of w hich were made under section 102 of the Finance (No . 2) Act 1987 
(c.51). 
(c) S.I. 2007/3292 amended by S.I. 2009/2089 and S.I.  2010/33. 
(d) S.I. 2007/3291 to which there are amendments not relevant to these Rules.  2 (i) exceeds twenty-five; and 
 (ii) is greater than the number of claims containe d in the application as at the date 
when the applicant made a request for a search unde r section 17(1)(c); or 
(b) the number of pages of the description containe d in the application— 
 (i) exceeds thirty-five; and 
 (ii) is greater than the number of pages of the de scription contained in the 
application as at the date when the applicant made a request for a substantive 
examination under section 18(1); 
the applicant must pay a fee for the grant of the p atent under section 18(4). 
(2) The fee for the grant must be accompanied by Pa tents Form 34 and the period 
prescribed for the purposes of section 18(4) is two  months beginning immediately after the 
date of the notification referred to in paragraph ( 1).” 
4.  In Schedule 4 (Extension of Time Limits), Parts 2 and 3, after the entry in the table relating to 
“rule 30 (period for putting application in order)”  in each place insert— 
“rule 30A (fee for the grant of a patent under sect ion 18(4))”. 
Amendments to the Fees Rules 
5.  The Fees Rules are amended as follows. 
6.  In rule 3, omit paragraph (1)(b) and insert— 
“(b) in respect of any other application for a pate nt, including an application treated as 
an application under the Act following a direction under section 81 (conversion of 
European patent applications)— 
 (i) which is filed in electronic form or using ele ctronic communications in 
accordance with directions given under section 124A , specified in Table 1; 
and 
 (ii) which is filed otherwise than in the form ref erred to in subparagraph (i), 
specified in Table 2 
Table 1  (Electronic filing) 
Where the filing of the application is 
accompanied by the application fee £60 
Where the filing of the application is not 
accompanied by the application fee £75 
 
Table 2 (Non-electronic filing) 
Where the filing of the application is 
accompanied by the application fee £90 
Where the filing of the application is not 
accompanied by the application fee £112.50” 
 
7.  In Rule 3A, for “£20” substitute “£30”. 
8.  After rule 3A insert— 
“Excess claims fee 
3B.  The fee specified in Schedule 1 in respect of a re quest for a search under section 
17(1) in accordance with rule 27 of the 2007 Rules shall increase by £20 for the 26th and 
each subsequent claim contained in the application.   3Excess pages fee 
3C. The fee specified in Schedule 1 in respect of a req uest for a substantive examination 
of an application under section 18(1) in accordance  with rule 28 of the 2007 Rules shall 
increase by £10 for the 36th and each subsequent pa ge of the description contained in the 
application. 
Fee for the grant of a patent 
3D.—(1) Where rule 30A(1) of the 2007 Rules applies, t he fee for the grant of a patent is 
the sum of the following amounts— 
(a) £20 for each qualifying claim, and 
(b) £10 for each qualifying page. 
(2) For the purposes of this rule— 
(a) a “qualifying claim” means any of the 26th or s ubsequent claims contained in the 
application which exceed the number of claims conta ined in the application as at 
the date when the applicant made a request for a se arch under section 17(1)(c) as 
referred to in rule 30A(1)(a)(ii) of the 2007 Rules ; and 
(b) a “qualifying page” means any of the 36th or su bsequent pages of the description 
contained in the application which exceed the numbe r of pages of the description 
contained in the application as at the date when th e applicant made a request for a 
substantive examination under section 18(1) as refe rred to in rule 30A(1)(b)(ii) of 
the 2007 Rules.”. 
9. —(1) Schedule 1 (use of forms) is amended as follow s. 
(2)  In the entry “Patents Form Number 9A”, for “120” su bstitute “150” and for “150” in each 
place substitute “180”. 
(3)  In the entry “Patents Form Number 10”, for “100” su bstitute “130”. 
10.  In Part 1 of Schedule 2 (Renewal Fees) omit the en tries in the table relating to the “11th” and 
subsequent anniversaries of the date of filing and substitute the following— 
 
“11th 220 
12th 260 
13th 300 
14th 360 
15th 420 
16th 470 
17th 520 
18th 570 
19th 610” 
Transitional Provisions 
11. —(1) Except as provided in paragraphs (2) and (3), these Rules apply to all patents and 
applications for patents (including existing patent s and applications for patents filed prior to the 
Commencement Date). 
(2)  New rule 30A(1)(a) of the Patents Rules (as inserte d by rule 3) and new rule 3D(1)(a) of the 
Fees Rules (as inserted by rule 8) do not apply to an application for a patent in respect of which a 
request for a search under section 17(1) of the Act  is filed prior to the Commencement Date. 
(3)  New rule 30A(1)(b) of the Patents Rules (as inserte d by rule 3) and new rule 3D(1)(b) of the 
Fees Rules (as inserted by rule 8) do not apply to an application for a patent in respect of which a 
request for substantive examination under section 1 8(1) of the Act is filed prior to the 
Commencement Date. 
  4 
 
 
 Joseph Johnson  
 Minister of State for Universities, Science and In novation  
14th November 2017 Department for Business, Energy and Industrial Strategy 
 
 
 
 
 
 
 
EXPLANATORY NOTE 
(This note is not part of the Rules) 
These Rules amend the Patents Rules 2007 (S.I. 2007 /3291) (“the Patents Rules”) and the Patents 
(Fees) Rules 2007 (S.I. 2007/3292) (“the Fees Rules ”). 
Rule 3 amends the Patents Rules to introduce a fee for the grant of a patent in the following 
circumstances— 
(a)  where the number of claims at the time of grant exc eeds 25 and is greater than the number 
of claims (“the original number of claims”) which w ere contained in the application as at 
the date when a request for a search was filed unde r section 17(1) of the Patents Act 1977 
(“The Act”); 
(b)  where the number of pages in the description at the  time of grant exceeds 35 and is 
greater than the number of pages (“the original num ber of pages”) in the description as at 
the date when a request for substantive examination  was filed under section 18(1) of the 
Act. 
The fee for the grant of a patent, as provided in n ew rule 3D of the Fees Rules (as inserted by rule 
8), is payable– 
(a)  in respect of any of the 26th or subsequent claims which exceed the original number of 
claims, at a level of £20 per claim; and 
(b)  in respect of any of the 36th or subsequent pages o f the description which exceed the 
original number of pages, at a level of £10 per pag e. 
The fee for grant is payable within two months of t he notification by the comptroller to the 
applicant in accordance with section 18(4), which p eriod may be extended pursuant to rule 108 of 
the Patents Rules. 
Under rule 6, the application fee for a patent whic h is filed electronically is increased from £20 to 
£60 (where the application is accompanied by the fe e) and £75 (where it is not). In the case of 
applications which are filed in paper form, the fee  is increased from £30 to £90 (where the 
application is accompanied by the fee) and £112.50 (where it is not). 
Under rule 7, the reduction in the search fee and t he examination fee where the relevant form 
(Patents Forms 9A and 10) is filed electronically i s increased from £20 to £30. 
Under rule 8— 
(a)  where the number of claims contained in an applicat ion exceeds 25, the search fee 
payable on filing Patents Form 9A is increased by £ 20 per additional claim over 25; and 
(b)  where the number of pages of the description exceed s 35, the substantive examination fee 
payable on filing Patents Form 10 is increased by £ 10 per additional page over 35. 
Under Rule 9, the search fee where the relevant for m (Patents Forms 9A) is filed in paper form is 
increased from £120 to £150 (in the case of an inte rnational application for a patent (UK)) and  5from £150 to £180 (in respect of any other applicat ion). The examination fee where the relevant 
form (Patents Form 10) is filed in paper form is in creased from £100 to £130. 
Under Rule 10, the renewal fees payable from the 11 th anniversary of the grant of a patent are 
increased to the levels shown in the table. 
Rules 11(2) and (3) contain transitional provisions  which provide that the fee for the grant of a 
patent will only apply to an application for a pate nt in respect of which a request for a search 
under section 17(1) of the Act or a request for sub stantive examination under section 18(1) of the 
Act are filed on or after 6th April 2018. 
A full impact assessment of the effect that this in strument will have on the costs of business and 
the voluntary sector is available from the Intellec tual Property Office, Concept House, Cardiff 
Road, Newport, NP10 8QQ and is annexed to the Expla natory Memorandum which is available 
alongside this instrument on the Legislation UK web site at www.legislation.gov.uk 
  
  
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