Statutory guidance

Directions under section 31A of the Registered Designs Act 1949, section 123(2A) of the Patents Act 1977 and section 66 of the Trade Marks Act 1994

Published 31 March 2021

Changes to Patents, Designs and Trade Marks Forms in connection with the end of the fee reduction period implemented by The Patents, Trade Marks and Registered Designs (Fees) (Coronavirus) (Amendment) Rules 2020 Statutory Instrument

1. The comptroller has made these Directions under section 31A of the Registered Designs Act 1949, section 123(2A) of the Patents Act 1977 and section 66 of the Trade Marks Act 1994.

2. These Directions come into force when The patents, trade marks and registered designs (Fees) (Coronavirus) (Amendment) Rules 2020 Statutory Instrument (SI) ends, that is 1 April 2021.

3. The following forms are set out in the Schedule to these Directions and are the forms which are required by the Registered Designs Rules 2006 (SI 2006/1975) as amended, the Patents Rules 2007(SI 2007/3291) as amended and the Trade Marks Rules 2008 (SI 2008/1797) as amended:

Patents Form 3 (Late Additions and Declarations of Priority)
Patents Form 14 (Request to reinstate a patent application)
Patents Form 16 (Application to restore a patent)
Patents Form 21 (Application to register or give notice of rights)
Patents Form 51 (Appointment or change of agent or attorney)
Patents Form 52 (Request to extend a prescribed time limit)

Designs Form DF9A (Renewal of design registration)
Designs Form DF29 (Request to restore a registration)

Trade Marks Form TM9 (Request an extension of time)
Trade Marks Form TM9R (Request for a retrospective extension of time)
Trade Marks Form TM11 (Renewal of trade mark registration)
Trade Marks Form TM13 (Request to restore and renew a registration)

4. Trade marks forms 9 and 9R, patents forms 16, 21, 51 as so set out, replace the corresponding forms in the Schedule to the Directions made on 21 December 2020 (which came into force on 1 January 2021). The Directions made on 21 December 2020 are, to that extent, revoked.

5. Patent forms 3, 14, 52 as so set out, replace the corresponding forms in the Schedule to the Directions made on 2 November 2020 (which came into force on 9 November 2020). The Directions made on 2 November 2020 are, to that extent, revoked.

6. Designs form 9A and trade marks Forms 11, 13, as so set out, replace the corresponding forms in the Schedule to the Directions made on 24 September 2020 (which came into force on 1 October 2020). The Directions made on 24 September 2020 are, to that extent, revoked.

7. Designs form 29 as so set out, replace the corresponding forms in the Schedule to the Directions made on 28 July 2020 (which came into force on 30 July 2020). The Directions made on 28 July 2020 are, to that extent, revoked.

Julyan Elbro
Divisional Director Patent Examination Division
Acting on behalf of the Comptroller
18 March 2021