On December 2005, Parliament approved Act
XVIII of 2005 which amends the Patents
and Designs Act 2000 (Cap 417) as
Patent renewal fees (or maintenance fees)
are to be paid from the third year from the filing
date of the application. This system for maintenance fees
for patents applies only to those applications filed on
or after 1 January 2005. Under the Patents Act (before
amended), the first maintenance fee had to be paid from the
fifth year onwards. Under the new Act, this term has now
become ‘from the third year onwards’. Any patents having a
filing date before the 1 January 2005 will continue
to pay a maintenance fee from the fifth year onwards.
The maintenance fee may be paid at any
time of the month during which the renewal date falls
due. This procedure for payment at any time during the
month of the prescribed due date applies to all patents
filed before, on and after 1 January 2005.
patent filing date - 2nd
February 2004 – maintenance fee from the fifth year
onwards - payable at any time of the month when the
renewal date falls due;
patent filing date - 2
January 2005 - maintenance fee from the third year
onwards – payable at any time of the month when the
renewal date falls due.
Payment after the expiration of the
period will incur a surcharge which will be counted by the
number of months.
We advice our associates and clients to communicate with us should
there be any need for assistance with payments of maintenance fees
or any advise related thereto.