December 15, 2023

Alterations to international intellectual property fee schedules and legislative amendments


The Danish Patent and Trademark Office has announced that a new fee schedule will be implemented as of January 1, 2024, adjusting the costs for the publication and renewal of patents. These fee amendments are inclusive of validated European patents (EPs) and will constitute an increase of approximately 4.4% across the board.

As per the soon to be implemented adjusted fee schedule, the cost for the publication of a patent will rise from 2,075 DKK to 2,165 DKK.

For EPs, the publication fee is paid upon the request for validation of the patent in Denmark, which, if occurring after the 31st of December 2023, means the new fee will apply. For national Danish patents, the publication fee is due upon request by the Danish Patent and Trademark Office. As such, the new fee will be applicable if the Office requests said payment after the 31st of December 2023.

The fees in relation to patent annuity have risen in a similar manner, with the cost of the first three years of validity increasing from 515 DKK to 535 DKK per year while the fifth annuity has risen from 1,295 DKK to 1,350 DKK. The tenth year of validity will constitute a cost of 2,485 DKK, rising from 2,385 DKK, and the twentieth year will see an increase from 5,295 DKK to 5,525 DKK.

The new fees with regard to patent annuities will be applicable to those due after the 31st of March 2024. As such, any patent annuity fees due prior to that date will remain fixed at the rates in force prior to the new fees of 1st of January 2024. Fees that are paid once the due date had passed will incur a 20% surcharge which will be calculated in accordance with the annuity fee rate payable.

Saudi Arabia

As of October 3, 2023, Saudi Arabia implemented legislative amendments to the country's Patent and Industrial Design Law.

The new law has introduced several important changes to the IP system of the country, with one of the most poignant amendments allowing for the accession of the country to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille.) As such, it now means that an Apostille certificate from an authorized competent authority can be obtained to authenticate a Saudi document, simplifying the process and making it more cost effective than having to obtain additional certification or legalization from a foreign country's embassy or consulate.

In addition, the legislation also clarifies the definition of "The Hague Agreement" and the "World Intellectual Property Organization (WIPO)" in relation to Saudi IP law.

The alterations to the law have also extended the term of protection for registered designs in Saudi Arabia. As such, the previous term of 10 years of protection for an industrial design has been amended to a total period of 15 years of protection from the date of filing. Moreover, the law is now further harmonized with the Hague System for the International Registration of Industrial Designs.

Lastly, fees for annuities will now be due at the commencement of each year, except for international industrial models filed via The Hague Agreement, whereby fees will be due every five years.

The amendments to the Saudi legislation indicate an ongoing effort to modernize the country's IP law, bringing it further in line with the international IP field and strengthening cooperations.

Author: Danielle Carvey