{
  "url": "https://openlegislation.uk/patents-amendment-no-2-rules-2014/rule-10",
  "json_url": "https://openlegislation.uk/patents-amendment-no-2-rules-2014/rule-10.json",
  "legislation": "uksi/2014/2401",
  "legislation_title": "The Patents (Amendment) (No. 2) Rules 2014",
  "legislation_url": "https://openlegislation.uk/patents-amendment-no-2-rules-2014",
  "path": "rule/10",
  "kind": "rule",
  "number": "10",
  "heading": "Opinions on prescribed matters",
  "text": "After rule 93(5), insert—\n“(6) The prescribed matters for the purposes of section 74A(1) are as follows—\n(a) whether a particular act constitutes, or (if done) would constitute, an infringement of the patent;\n(b) whether, or to what extent, an invention for which the patent has been granted is not a patentable invention;\n(c) whether the specification of the patent discloses the invention clearly enough and completely enough for it to be performed by a person skilled in the art;\n(d) whether the matter disclosed in the specification of the patent extends beyond that disclosed in the application for the patent as filed or, if the patent was granted on a new application, in the earlier application as filed;\n(e) whether the protection conferred by the patent has been extended by an amendment which should not have been allowed;\n(f) whether a supplementary protection certificate is invalid under Article 15 of the Medicinal Products Regulation; and\n(g) whether a supplementary protection certificate is invalid under Article 15 of the Plant Protection Products Regulation.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "See section 1(1) of the Patents Act 1977 for the meaning of “patentable invention” (section 1(1) was amended by the Patents Act 2004, Schedule 2, paragraphs 1 and 2)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "See section 128B(2) of the Patents Act 1977 for the definition of “supplementary protection certificate” (section 128B was inserted by S.I. 2007/3293)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "See paragraphs 6(2) and 7(a) of Schedule 4A to the Patents Act 1977 for the meaning of “the Medicinal Products Regulation” (Schedule 4A was inserted by S.I. 2007/3293)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "See paragraphs 6(2) and 7(b) of Schedule 4A to the Patents Act 1977 for the meaning of “the Plant Protection Products Regulation” (Schedule 4A was inserted by S.I. 2007/3293)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/2401/rule/10",
    "retrieved_at": "2026-10-29T00:03:26.332175+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."
}