Paragraph 9

I1(1)

Section 130 (interpretation) is amended as follows.

(2)

In subsection (1)—

(a)

in the definition of “application for a European patent (UK)” and “international application for a patent (UK)”, after “and” there is inserted “ (subject to subsection (4A) below) ”;

I2 I3(b)

at the end of the definition of “designate” there is inserted “ and includes a reference to a country being treated as designated in pursuance of the convention or treaty ”.

(3)

After subsection (4) there is inserted—

“(4A)
An international application for a patent is not, by reason of being treated by virtue of the European Patent Convention as an application for a European patent (UK), to be treated also as an international application for a patent (UK).”

I4(4)

After subsection (5) there is inserted—

“(5A)
References in this Act to the amendment of a patent or its specification (whether under this Act or by the European Patent Office) include, in particular, limitation of the claims (as interpreted by the description and any drawings referred to in the description or claims).”

Annotations

Commencement

I1: Sch. 1 para. 9(1)(2)(a)(3) in force at 1.1.2005 by S.I. 2004/3205, art. 2(i) (with art. 9)
I2: Sch. 1 para. 9(2)(b) in force at 1.1.2005 for specified purposes by S.I. 2004/3205, art. 2(j) (with art. 9)
I3: Sch. 1 para. 9(2)(b) in force at 13.12.2007 for specified purposes by S.I. 2007/3396, art. 2(k)
I4: Sch. 1 para. 9(4) in force at 13.12.2007 by S.I. 2007/3396, art. 2(j)