OpenLegislation

Article 8 Content of the application for a certificate

United Kingdom

Original text. Later amendments are not shown.

1.

The application for a certificate shall contain:

(a)

a request for the grant of a certificate, stating in particular:

  1. (i)

    the name and address of the applicant;

  2. (ii)

    the name and address of the representative, if any;

  3. (iii)

    the number of the basic patent and the title of the invention;

  4. (iv)

    F1the number and date of the GB or NI authorisation or both GB and NI authorisations as referred to in Article 3(1)(b) and (d); and

  5. (v)

    the number and date of the earliest EEA authorization, the granting of which predates the granting of the GB or NI authorization as referred to in Article 3(1)(b) and (d);

F2(b)

a copy of the GB or NI authorisation or both GB and NI authorisations to place the product on the market, as referred to in Article 3(1)(b) and (d), in which the product is identified, containing in particular the number and date of the authorization and the summary of the product characteristics listed in Commission Regulation 283/2013, Part A section 1, points 1.1 to 1.7 or Part B, Section 1 points 1.1 to 1.4.3;

(c)

where the product is the subject of one or more EEA authorizations granted prior to the GB or NI authorization referred to in Article 3(1)(b) and (d), the applicant must provide in relation to the earliest of any such EEA authorizations—

(i)

information regarding the identity of the product thus authorised;

(ii)

information regarding the legal provision under which the authorization procedure took place; and

(iii)

a copy of the notice publishing the authorization in the appropriate official publication or, failing such a notice, any other document proving that the authorization has been issued, the date on which it was issued and the identity of the product authorized.

F32.

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Annotations

Textual amendments

F1

Art. 8(1)(a)(iv)(v) substituted for Art. 8(1)(a)(iv) (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 24(2) (as amended by S.I. 2020/1471, regs. 1(2), 2(6) (with reg. 7)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Art. 8(1)(b)(c) substituted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 24(3) (as amended by S.I. 2020/1471, regs. 1(2), 2(7) (with reg. 7) and S.I. 2020/1050, regs. 1(2), 33); 2020 c. 1, Sch. 5 para. 1(1)

F3

Art. 8(2) omitted (31.12.2020) by virtue of The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 24(4); 2020 c. 1, Sch. 5 para. 1(1)