Global intellectual property legislative reforms and fee schedule amendments
Denmark
The Danish Patent and Trademark Office introduced amendments to the country's intellectual property fee schedule as of July 1, 2023, with the alterations pertaining to patent publication and renewal fees.
As of the date of implementation, the publication fee in relation to patents has increased by approximately 4% from 2,000 DKK to 2,075 DKK.
Inflating by a similar percentage, the patent annuity fees have risen for each year respectively, with years one to three having increased by 3% from 500 DKK to 515 DKK, and the tenth year by approximately 4% from 2,300 DKK to 2,385 DKK. The fifteenth and twentieth years have also inflated by an approximate 4%, rising from 3,600 DKK to 3,740 DKK, and 5,100 DKK to 5,295 DKK respectively.
As the fee adjustments are applicable from July 1st onwards, any renewal fees already charged by the IPO prior to this date and are due up until September 30, 2023 will still be charged at the previous fee amount.
Portugal
As of July 1, 2023, a new intellectual property fee schedule has also been implemented in Portugal constituting an approximate 8% rise across the board. The new fees are set to be in force until June 30, 2024.
It is of note that the fees concerning electronic filings and maintenance of IP rights in the jurisdiction are generally half the cost of the same actions if filed by paper-means. The fee amendments set out below comprise the costs associated with electronic filing.
Patent
As per the amended fee schedule, the cost in relation to the filing of a patent application has increased to 117.93 EUR from 109.07 EUR.
The patent annuity fees have also inflated by the same percentage, with the cost in relation to the patent annuity for the fifth year now constituting 58.16 EUR, increasing from 53.79 EUR, whilst the tenth and eleventh years have risen from 376.46 EUR to 407.03 EUR. The fifteenth and sixteenth years have risen to 639.59 EUR from 591.56 EUR, and the nineteenth and twentieth to 814.04 EUR from 752.90 EUR.
The fees pertaining to European patents (EP's) have also seen the same inflation, with the cost for both temporary patent protection and for the validation of an EP in Portugal now constituting 58.97 EUR respectively, as opposed to the previous 54.54 EUR. The same fee also applies to PCT temporary protection and entry into the national phase.
Trademark
In line with the 8% cost increase, the fee for a trademark application pertaining to one class of goods or services has risen to 139.56 EUR from 129.08 EUR, with the same fee applying to the renewal of a trademark in Portugal. Each additional class thereafter now incurs a fee of 35.38 EUR, rising from 32.72 EUR.
Designs
The fee in relation to the filing of an application for up to five designs now constitutes 117.93 EUR, inflating from 109.07 EUR, with each additional product after the fifth rising from 10.91 EUR to 11.80 EUR.
The fee in relation to the maintenance of design rights for the second five-year period now comprises 35.38 EUR, growing from 32.72 EUR, whilst the fifth five-year period has risen from 65.43 EUR to 70.74 EUR.
Serbia
Serbia also introduced a new intellectual property fee schedule as of July 1, 2023, with the new fees spanning across all IP types and comprising an inflation of an approximate 15% across all costs.
Trademarks
As per the amended fees, the cost in relation to the filing of an application for a trademark in up to three classes now comprises 18,960 RSD rising from 16,470 RSD. Each additional class after the third will now incur the cost of 3,800 RSD as opposed to the previous 3,300 RSD.
The fee for the filing of a collective mark in up to three classes has risen to 37,890 RSD from 32,920 RSD, and each subsequent class over three to 5,690 RSD from 4,940 RSD.
Moreover, the cost pertaining to the registration of an international trademark has inflated from 8,210 RSD to 9,450 RSD.
The validity fee for a trademark in up to three classes for a period of ten years now comprises 37,890 RSD, increasing from 32,920 RSD, and each subsequent class over three from 4,940 RSD to 5,690 RSD.
Design
Seeing the same percentage increase, the fee for the filing of an industrial design application containing a single design now constitutes 7,570 RSD, inflating from 6,580 RSD. With regard to applications containing two or more designs, the fee in relation to the second and each subsequent design has grown from 4,940 RSD to 5,690 RSD.
The cost in relation to the international registration of a design now comprises 9,450 RSD, rising from 8,210 RSD.
The validity fee for the maintenance of a single design right for an initial period of five years now constitutes 18,960 RSD as opposed to the previous fee of 16,470 RSD, and each additional five-year period from the sixth year to the twenty fifth has inflated from 9,870 RSD to 11,360 RSD. For each subsequent design, the same fees have risen from 11,510 RSD to 13,250 RSD, and from 6,580 RSD to 7,570 RSD respectively.
Iceland
July 1, 2023 also marked a new intellectual property fee schedule being implemented in the country of Iceland. As per the amendments, a handling fee in relation to the notification of an exemption from Supplementary Protection has been added, constituting 8,200 ISK.
Further, a new provision has been added allowing for the refund of annual fees paid in the event that an application for the re-establishment of rights is rejected, therefore rendering the annual fees obsolete. Further, any fees paid in excess to the IPO may also be refunded under the new provisions.
Switzerland
As of July 1, 2023, the intellectual property office of Switzerland (IPI) also introduced amendments to certain fees pertaining to trademark registration and maintenance.
From the aforementioned date, the fee in relation to the filing of a trademark with the IPI has been reduced by an approximate 18%, from 550 CHF to 450 CHF. Moreover, the fee in relation to international trademarks designating Switzerland in up to three classes has been reduced by 50 CHF.
The Swiss IPI has also implemented an e-discount of 100 CHF, applicable to those who file their applications electronically.
Due to be implemented a year thereafter, on July 1, 2024, the trademark renewal fee is set to decrease by approximately 21% from 700 CHF to 550 CHF.
The reduction in fees implemented by the Swiss IPI comes after a successful business fiscal year for the IP Office, and is likely to entice further filings in the jurisdiction.
PPH
The Japanese Patent Office (JPO) and the French INPI have extended their existing Patent Prosecution Highway (PPH) program, with both the PPH Mottainai and the PCT-PPH being implemented and open to applications between the two offices as of July 1, 2023.
The initial PPH pilot program between the JPO and INPI commenced on January 1, 2020, with the additional two new PPH programmes set to increase the volume of applications able to be processed by way of the collaboration for both IPO's.
PPH Mottainai intends to facilitate the filing and processing of accelerated patent examination by utilizing the examination results of any Office of Earlier Examination (OEE), as opposed to the previous PPH program which meant that only the search and examination results by the Office of First Filing (OFF) were able to be used as a reference for the Office of Second Filing (OSF), thus further expediting the process.
As France is not a party to the Patent Cooperation Treaty, there is a special procedure for PCT-PPH before the French INPI based on a PCT international work product by the JPO.
The decision to further expand the PPH program collaboration between the JPO and INPI is hoped to allow for the expediting of more patent applications from across the world, increasing the volume of protected innovations in the jurisdictions and encouraging further filings.
Malaysia
As of June 6, 2023, the Malaysian Patent Registration Office officially implemented the possibility of the electronic filing of patent applications in the country via the online IP Portal.
As such, applicants may file for patent protection, inclusive of PCT and PPH applications, as well as submit other actions pertaining to the protection and maintenance of a patent right by way of the country's online portal.
The move brings the jurisdiction in line with a more contemporary outlook on patent filing, joining many international peers allowing for electronic filings, and helping to bring the IP protection process a step closer to a greener, paperless future.