{
  "url": "https://openlegislation.uk/patents-act-2004-commencement-no-2-and-consequential-etc-and-transitional-provisions-order-2004/note",
  "json_url": "https://openlegislation.uk/patents-act-2004-commencement-no-2-and-consequential-etc-and-transitional-provisions-order-2004/note.json",
  "legislation": "uksi/2004/3205",
  "legislation_title": "The Patents Act 2004 (Commencement No. 2 and Consequential, etc. and Transitional Provisions) Order 2004",
  "legislation_url": "https://openlegislation.uk/patents-act-2004-commencement-no-2-and-consequential-etc-and-transitional-provisions-order-2004",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nArticle 2 of this Order brings into force, on 1st January 2005, a number of provisions of the Patents Act 2004, all but one of which make amendments to the Patents Act 1977 (“the 1977 Act”). The Order also makes a number of consequential, incidental or supplementary amendments to the Patents Rules 1995, and makes appropriate transitional provision.\nRemedies in entitlement proceedings\nSection 6 is brought into force, together with paragraphs 5 and 10 of Schedule 2.\nArticles 4 to 7 make consequential amendments to rules 9 and 13, and also restate those rules (and the corresponding rules 57 and 58) in a clearer form.\nArticle 9(2) contains a transitional provision related to the amendments to sections 8, 11 and 12 of the 1977 Act and to rules 9 and 13. Thus as regards “pre-grant” entitlement questions, the changes will have effect only for questions referred to the comptroller on or after 1st January 2005. No transitional provision is necessary as regards the amendments to section 38 of the 1977 Act or rules 57 and 58, which concern “post-grant” entitlement, as these merely clarify the existing law.\nRestrictions on applications abroad\nSection 7 is brought into force, together with paragraph 8 of Schedule 2. No transitional provision is necessary.\nCompensation of employees for certain inventions\nSection 10 is brought into force, together with paragraph 11 of Schedule 2.\nA transitional provision is already contained in section 10(8), with the result that the section will apply only to an invention the patent for which is applied for on or after 1st January 2005.\nEnforcement of damages\nSection 11 is brought into force. No transitional provision is necessary.\nThreats of infringement proceedings\nSection 12 is brought into force, together with paragraphs 14, 16, 17 and 28 of Schedule 2 (which make consequential terminological amendments).\nArticle 8 makes consequential terminological amendments to rules 72 and 73.\nArticle 9(3) contains a transitional provision relating to the amendments to section 70 of the 1977 Act made by section 12. Thus the changes will have effect only in relation to communications alleged to be threats which are made on or after 1st January 2005.\nCosts and expenses in court proceedings\nSection 14 is brought into force.\nA transitional provision is already contained in section 14(4), with the result that the section will apply only to proceedings commenced on or after 1st January 2005.\nRemoval of references to the Community Patent Convention.\nParagraph 6 of Schedule 1, and paragraphs 12, 13, 20 to 22, 25(c), 25(d) and 27 of Schedule 2, are brought into force. No transitional provision is necessary.\nJurisdiction over post-grant amendment\nParagraph 19 of Schedule 2 is brought into force.\nArticle 9(4) contains a transitional provision relating to the amendment of section 75(1). Thus the amended section 75(1) will apply only to proceedings commenced on or after 1st January 2005.\nPatent Co-operation Treaty\nParagraphs 7, 8, 9(2) and 9(3) of Schedule 1 are brought into force, but paragraph 9(2)(b) is brought into force only for the purposes of the Patent Co-operation Treaty. It is not brought into force for the purposes of the European Patent Convention.\nArticle 9(5) contains a transitional provision relating to the amendment of section 89B(2) of the 1977 Act made by paragraph 8 of Schedule 1. Thus the amended section 89B(2) will apply only to international applications which enter the UK national phase on or after 1st January 2005.\nComptroller’s annual report\nSection 16(3) and paragraph 25(a) and (b) of Schedule 2 are brought into force. No transitional provision is necessary.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/3205/note",
    "retrieved_at": "2026-10-29T05:14:12.385219+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."
}