{
  "url": "https://openlegislation.uk/patents-act-1977/schedule-4A/paragraph-1",
  "json_url": "https://openlegislation.uk/patents-act-1977/schedule-4A/paragraph-1.json",
  "legislation": "ukpga/1977/37",
  "legislation_title": "Patents Act 1977",
  "legislation_url": "https://openlegislation.uk/patents-act-1977",
  "path": "schedule/4A/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": "References to patents etc",
  "text": "(1) In the application to supplementary protection certificates of the provisions of this Act listed in sub-paragraph (2)—\n(a) references to a patent are to a supplementary protection certificate;\n(b) references to an application or the applicant for a patent are to an application or the applicant—\n(i) for a supplementary protection certificate, or\n(ii) for an extension of the duration of a supplementary protection certificate;\n(c) references to the proprietor of a patent are to the holder of a supplementary protection certificate;\n(d) references to the specification of a patent are to the text of a supplementary protection certificate;\n(e) references to a patented product or an invention (including a patented invention) are to a product for which a supplementary protection certificate has effect;\n(f) references to a patent having expired or having been revoked are to a supplementary protection certificate having lapsed or having been declared invalid;\n(g) references to proceedings for the revocation of a patent are to proceedings—\n(i) for a decision that a supplementary protection certificate has lapsed, or\n(ii) for a declaration that a supplementary protection certificate is invalid;\n(h) references to the issue of the validity of a patent include the issue of whether a supplementary protection certificate has lapsed or is invalid.\n(2) The provisions referred to in sub-paragraph (1) are—\nsection 14(1), (9) and (10) (making of application);\nsection 19(1) (general power to amend application before grant);\nsections 20A and 20B (reinstatement of applications);\nsection 21 (observations by third party on patentability);\nsection 27 (general power to amend specification after grant);\nsection 29 (surrender of patents);\nsections 30 to 36, 37(1) to (3) and (5) to (9) and 38 (property in patents and applications, and registration);\nsections 39 to 59 (employees’ inventions, licences of right and compulsory licences and use of patented inventions for services of the Crown);\nsections 60 to 71 (infringement);\nsection 74(1) and (7) (proceedings in which validity of patent may be put in issue);\nsections 74A and 74B (opinions by the Patent Office);\nsection 75 (amendment of patent in infringement or revocation proceedings);\nsections 103 and 105 (privilege for communications relating to patent proceedings);\nsection 108 (licences granted by order of comptroller);\nsections 110 and 111 (unauthorised claim of patent rights or that patent has been applied for);\nsection 116 (immunity of department as regards official acts);\nsections 117 to 118 (administrative provisions);\nsection 123 (rules);\nsection 130 (interpretation).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 4A inserted (17.12.2007) by The Patents (Compulsory Licensing and Supplementary Protection Certificates) Regulations 2007 (S.I. 2007/3293), regs. 1(2), 2(3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 4A para. 1(2) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 16(3), 24(1); S.I. 2014/2330, art. 3, Sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1977/37/schedule/4A/paragraph/1",
    "retrieved_at": "2026-10-29T10:24:17.133485+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}