New Late Fees Introduced by New Patent Rules

The new Patent Rules (the “Rules”), expected to come into force at the end of 2019, will introduce new fixed late fees.

Under the current late payment regime, when an applicant makes a clear but unsuccessful attempt to pay (“ATP”) a fee, the applicant is then required to pay the balance of the unpaid fee, and pay in addition a penalty of 50% of the amount of the fee that has not been paid or $50 – whichever is greater.

Under the new Rules, this ATP regime will be eliminated and replaced with the new system of notifications and fixed late fees of $150 rather than a variable penalty. The $150 late fee will be required in the following three instances:

  1. Applicants will be required to pay a late fee when the application fee (currently known as filing fee) – is payed after the filing date;
  2. Applicants will be required to pay a late fee for the late payment of an annual maintenance fee for a patent application or granted patent; and
  3. A late fee will be required when the request for examination is made after the deadline.

Patentees should consult a PCK IP professional to establish the best possible strategy in order to protect their patent rights and financial interests. For more information, please contact Stephen Perry.

Click here to obtain more general information on the new Rules expected to come into force later in 2019.

New Fees