# Patents Act 1977, Paragraph 1: References to patents etc

Extent: E+W+S+N.I.

(1) In the application to supplementary protection certificates of the provisions of this Act listed in sub-paragraph (2)—
(a) references to a patent are to a supplementary protection certificate;
(b) references to an application or the applicant for a patent are to an application or the applicant—
(i) for a supplementary protection certificate, or
(ii) for an extension of the duration of a supplementary protection certificate;
(c) references to the proprietor of a patent are to the holder of a supplementary protection certificate;
(d) references to the specification of a patent are to the text of a supplementary protection certificate;
(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;
(f) references to a patent having expired or having been revoked are to a supplementary protection certificate having lapsed or having been declared invalid;
(g) references to proceedings for the revocation of a patent are to proceedings—
(i) for a decision that a supplementary protection certificate has lapsed, or
(ii) for a declaration that a supplementary protection certificate is invalid;
(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.
(2) The provisions referred to in sub-paragraph (1) are—
section 14(1), (9) and (10) (making of application);
section 19(1) (general power to amend application before grant);
sections 20A and 20B (reinstatement of applications);
section 21 (observations by third party on patentability);
section 27 (general power to amend specification after grant);
section 29 (surrender of patents);
sections 30 to 36, 37(1) to (3) and (5) to (9) and 38 (property in patents and applications, and registration);
sections 39 to 59 (employees’ inventions, licences of right and compulsory licences and use of patented inventions for services of the Crown);
sections 60 to 71 (infringement);
section 74(1) and (7) (proceedings in which validity of patent may be put in issue);
sections 74A and 74B (opinions by the Patent Office);
section 75 (amendment of patent in infringement or revocation proceedings);
sections 103 and 105 (privilege for communications relating to patent proceedings);
section 108 (licences granted by order of comptroller);
sections 110 and 111 (unauthorised claim of patent rights or that patent has been applied for);
section 116 (immunity of department as regards official acts);
sections 117 to 118 (administrative provisions);
section 123 (rules);
section 130 (interpretation).

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Source: https://www.legislation.gov.uk/ukpga/1977/37/schedule/4A/paragraph/1 (the official version)
Page: https://openlegislation.uk/patents-act-1977/schedule-4A/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.