Download the full outcome
Detail of outcome
The consultation asked for views on four proposals related to increases to pre-grant patent application fees. It also set out an alternative proposal of more modest pre-grant fee increases combined with small increases in post-grant renewal fees. In summary, the four proposals relating to pre-grant fees were:
- increase to the application fee, and introduction of a 25% surcharge if it is not paid at the time of filing
- increase to the fees for search and substantive examination
- introduction of an excess claims fee
- introduction of an excess pages fee
Based on the responses to the consultation, the government intends to:
- proceed with the increases to the fees for application, search and substantive examination as set out in proposals 1 and 2
- significantly adjust the excess claims/pages fees set out in proposals 3 and 4 – so that the excess claims fee is more modest and so that both fees apply to fewer patent applications
- make a small increase to post-grant renewal fees, but only from year 12 onwards
We’ve set out further details in the response document.
The government would like to thank all respondents for their contributions.
The Intellectual Property Office has reviewed the fees charged for registering intellectual property rights. We consulted designs customers and other interested parties on proposed changes to registered design fees. This resulted in the introduction of new registered design fees on 1 October 2016.
The statutory fees for UK patent protection have not changed since April 2010. It is therefore now time to review our patents fee structure to ensure that the fees we charge remain appropriate.
The consultation document seeks your views on four proposed changes to pre-grant patent application fees. An alternative proposal would make changes to both pre-grant fees and post-grant renewal fees.