2007 Rule 106

106. Remission of fees

Rule 105 | Index | Rule 107

(1) A person may apply to the comptroller for the remission of a fee.

(2) The comptroller may remit the whole or part of a search fee where-

  • (a) in relation to an international application for a patent (UK), a copy of the International Search Report (as defined in rule 64) for that application is available to the comptroller; or
  • (b) a new application for a patent is filed as mentioned in section 15(9) and, in connection with the earlier application, the applicant has already paid the search fee for the invention described in the new application.

(3) The comptroller may remit the whole or part of any fee where-

  • (a) a person has requested the comptroller or an examiner to do something in accordance with the Act or these Rules; and
  • (b) the request is withdrawn before it is carried out.

(4) The comptroller may remit the whole or part of the fee payable in respect of a request for an opinion under section 74A where he has refused the request.

(5) Where a supplementary protection certificate lapses or is declared invalid, the comptroller must remit any fee which has been paid in respect of the relevant period.

(6) In paragraph (5) "the relevant period" is the period-

  • (a) beginning with the next anniversary of the start date following the date the certificate lapsed or was declared invalid; and
  • (b) ending with the date the certificate would have expired but for its lapse or invalidity.

(7) Any decision of the comptroller under this rule is excepted from the right of appeal conferred by section 97.

Unless otherwise stated, the content of this page is licensed under Creative Commons Attribution-ShareAlike 3.0 License