Rule 34 Transitional Provisions

(1)

The changes in amount of fee payable in respect of the renewal of a patent effected by rule 16(a) shall not apply to a renewal fee paid on or after 1st April 2026 in respect of a renewal date which falls prior to 1st April 2026, if it is paid by the end of the period mentioned in section 25(4) of the Patents Act 1977^f1.

(2)

The change in amount of fee payable in respect of the renewal of a trade mark under rule 35 of the Trade Marks Rules 2008^f2 effected by rule 20 shall not apply to a renewal fee paid on or after 1st April 2026 in respect of a renewal date which falls prior to 1st April 2026, if it is paid by the end of the period prescribed under section 43(3) of the Trade Marks Act 1994^f3.

(3)

The changes in amount of fee payable in respect of the extension of the duration of the right in a registered design effected by rule 28(a) shall not apply to a renewal fee paid on or after 1st April 2026 in respect of a renewal date which falls prior to 1st April 2026, if it is paid by the end of the period mentioned in section 8(4) of the Registered Designs Act 1949^f4.

(4)

The change in amount of fee payable in respect of the renewal of a comparable trade mark (EU) under rule 35 of the Trade Marks Rules 2008 effected by rule 29 shall not apply to a renewal fee paid on or after 1st April 2026 in respect of a renewal date which falls prior to 1st April 2026, if it is paid by the end of the period prescribed under section 43(3) of the Trade Marks Act 1994.

(5)

The changes in amount of fee payable in respect of the extension of the duration of the right in a re-registered design or a re-registered international design effected by rule 31 shall not apply to a renewal fee paid on or after 1st April 2026 in respect of a renewal date which falls prior to 1st April 2026, if it is paid by the end of the period mentioned in section 8(4) of the Registered Designs Act 1949.

(6)

The change in the amount of fee payable in respect of the renewal of a comparable trade mark (IR) under rule 35 of the Trade Marks Rules 2008 effected by rule 32 shall not apply to a renewal fee paid on or after 1st April 2026 in respect of a renewal date which falls prior to 1st April 2026, if it is paid by the end of the period prescribed under section 43(3) of the Trade Marks Act 1994.

(7)

In this rule, “renewal date”—

(a)

in relation to a patent, has the meaning given in rule 36(1) of the Patents Rules 2007^f5;

(b)

in relation to a trade mark, registered design, comparable trade mark (EU), re-registered design, re-registered international design or comparable trade mark (IR), means the date of expiry of the relevant registration.

Annotations

Footnotes

f1: 1977 c. 37, Section 25(4) was amended by the Patents Act 2004 (c. 16), section 8(2).
f2: S.I. 2008/1797; rule 35 was amended by S.I. 2018/825, regulations 34 and 41.
f3: 1994 c. 26.
f4: 1949 c. 88, Section 8(4) was substituted by the Copyright, Designs and Patents Act 1988 (c. 48), section 269.
f5: S.I. 2007/3291; rule 36(1) was amended by S.I. 2014/2401, rules 2 and 4.