Statutory Instrument 1991 No. 1627

The Patents (Fees) Rules 1991

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1991 No. 1627

PATENTS

The Patents (Fees) Rules 1991

Made	16h July 1991

Laid before Parliament

18th July 1991

Coming into force

12th August 1991

The Secretary of State, in exercise of the powers conferred upon him by section 123 (1), (2) and (3) of, and paragraph 14 of Schedule 4 to, the Patents Act 1977^[1], of the power conferred upon him by the Department of Trade and Industry (Fees) Order 1988^[2], and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals pursuant to section 10(1) of the Tribunals and Inquiries Act 1971^[3] and with the consent of the Treasury pursuant to subsection (4) of the said section 123, hereby makes the following Rules:-

    1.—(1)  These Rules may be cited as the Patents (Fees) Rules 1991 and shall come into force on 12th August 1991.

    (2)  The Patents (Fees) (No. 2) Rules 1990^[4] are hereby revoked.

    2.    These Rules shall be construed as one with the Patents Rules 1990^[5] and, to the extent that they continue to apply in relation to existing patents and existing applications, to the Patents Rules 1968^[6].

    3.    The fees to be paid in respect of any matters arising under the Patents Act 1977 (other than those referred to in rule 4 below) or arising under the Patents Act 1949^[7] shall be those specified in Parts A and B of the Schedule to these Rules; and in any case where a form specified in Part A or Part B of the Schedule as the corresponding form in relation to any matter is required by the Patents Rules 1990 or, as the case may be, the Patents Rules 1968 to be used, that form shall be accompanied by the fee, if any, specified in respect of that matter or, where payment may be made within a prescribed period of time after the form has been filed, the fee so specified shall be paid within that period.

    4.    The fees to be paid in respect of the matters arising under the Patents Act 1977 and referred to in Part C of the Schedule to these Rules shall be-
 (a) for the period ending with 8th September 1991, those specified in the second column of Part C; and
 (b) on and after 9th September 1991, those specified in the third column of that Part.

Reay

Parliamentary Under Secretary of State Department of Trade and Industry

15th July 1991
We consent to the making of these rules.

Irvine Patnick

Nicholas Baker

Two of the Lords Commissioners of Her Majesty's Treasury

16th July 1991

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Notes:

[1] 1977 c. 37.

[2] S.I. 1988/93, as amended by S.I. 1990/1473, which was made under section 102 of the Finance (No. 2) Act 1987 (c. 51). The relevant provisions of that Order are article 7 and Part IV of Schedule 1.

[3] 1971 c. 62.

[4] S.I. 1990/2517.

[5] S.I. 1990/2384.

[6] S.I. 1968/1389, which was revoked by, except as provided for by rule 124 of, S.I. 1978/216, which was itself revoked, except for rule 124 and Schedule 4(savings), by S.I. 1982/717. The latter instrument was revoked by rule 123 of S.I. 1990/2384, which also amends rule 124 of S.I. 1978/216.

[7] 1949 c. 87.

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