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The Patents (Amendment) Rules 1999

S.I. 1999/1092 · Made 30 March 1999

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

PATENTS

Made 30th March 1999

Laid before Parliament 9th April 1999

Coming into force 4th May 1999

The Secretary of State, in exercise of the powers conferred upon him by sections 5(2), 14(6), 15(4), 32(5), 89, 89A, 120(1), 123 and 124 of the Patents Act 1977f1, after consultation with the Council on Tribunals pursuant to section 8(1) of the Tribunals and Inquiries Act 1992f2, hereby makes the following Rules:–

Annotations to the whole text

Footnotes

f1

1977 c. 37.

f2

1992. c. 53.

Contents

  1. 1Citation and commencement
  2. 2Citation and commencement
  3. 3Citation and commencement
  4. 4Citation and commencement
  5. 5Citation and commencement
  6. 6Citation and commencement
  7. 7Citation and commencement
  8. 8Citation and commencement
  9. 9Citation and commencement
  10. 10Citation and commencement
  11. 11Citation and commencement
  12. 12Citation and commencement
  13. 13Citation and commencement
  14. 14Citation and commencement
  15. 15Citation and commencement
  16. 16Citation and commencement
  17. 17Citation and commencement
  18. 18Citation and commencement
  19. Signature
  20. Explanatory note

1Citation and commencement

These Rules may be cited as the Patents (Amendment) Rules 1999 and shall come into force on 4th May 1999.

2Citation and commencement

The Patents Rules 1995f1 shall be amended as follows.

3Citation and commencement

In rule 2 (interpretation), for the definition of “Journal” substitute “means the journal published in accordance with rule 115”.

4Citation and commencement

In rule 6(5) (declaration of priority), for the words “of rules 4.10(a) and (c) and 17.1(a) or (b)”, substitute “of rule 4.10(a) and (b), subject to rules 26bis.1 and 26bis.2(b), and of rule 17.1”.

5Citation and commencement

In rule 22 (unity of invention), for paragraph (1) substitute–

“(1)

Without prejudice to the generality of section 14(5)(d), where two or more inventions are claimed (whether in a single claim or in separate claims), and there exists between or among those inventions a technical relationship which involves one or more of the same or corresponding special technical features, then those inventions shall be treated as being so linked as to form a single inventive concept for the purposes of the Act.”.

6Citation and commencement

In rule 24 (new applications under section 15(4)), omit paragraph (3).

7Citation and commencement

In rule 49(1) (inspection of register), for the words “between the hours of 10 am and 4 pm” substitute “between the hours of 9 am and 5 pm”.

8Citation and commencement

In rule 78(2) (amendment of patent), for the word “amendement” substitute “amendment”.

9Citation and commencement

Paragraphs (1) and (2) of rule 79 (entries in the register) are omitted.

10Citation and commencement

In rule 85 (international applications for patents)–

(a)

in paragraph (5)–

(i)

for the words “of the latter.” at the end of subparagraph (c), there shall be substituted “of the latter; and”;

(ii)

immediately after subparagraph (c) there shall be inserted–

“(d)

may exclude any textual matter contained in a sequence listing forming part of the description if such textual matter complies with Rule 12.1(d) of the said Regulations and the description complies with Rule 5.2(b) of the said Regulations.”; and

(b)

in paragraph (11), for subparagraph (b) substitute–

“(b)

the priority claim made under Article 8(1) of the Patent Co-operation Treaty has been considered not to have been made by the receiving office or the International Bureau because of an error made by the office or the Bureau,”.

11Citation and commencement

In paragraph (a) of rule 98 (hours of business), for the words “and at 4 pm for all other business” substitute the words “and at 5 pm for all other business”.

12Citation and commencement

In rule 99 (excluded days), after paragraph (2) insert–

“(3)

Tuesday 4th January 2000 shall be an excluded day for all purposes under the Act.”.

13Citation and commencement

In rule 102 (remission of fees), for paragraphs (2), (3) and (4) substitute–

“(2)

In cases falling within paragraph (1)(b) above a request for remission of the whole or part of the fee shall be made in writing by the applicant to the comptroller.

(3)

No appeal shall lie from any decision of the comptroller under this rule.”.

14Citation and commencement

In rule 110(2) (alteration of time limits), for the figure “78(1)” substitute “78(2)”.

15Citation and commencement

For rule 115 (the journal), substitute–

“115

The comptroller shall publish a journal containing particulars of applications for patents and other proceedings under the Act and any other information he may deem to be generally useful or important.”.

16Citation and commencement

In rule 118 (transmittal and late payment fees), for paragraph (1) substitute–

“(1)

Subject to paragraph (3) below, payment of a prescribed transmittal fee referred to in rule 14.1 of the Regulations under the Patent Co-operation Treaty shall be made to the Patent Office as the competent receiving Office under the said Treaty.”.

17Citation and commencement

In rule 119 (certified copies), for the words “rule 20.9” substitute “rule 17.1 or rule 20.9”.

18Citation and commencement

In Schedule 1 (general forms), for item 4 of Patents Form 9/77 (request for a preliminary examination and search) substitute–

“4

Is this request for:

a

A preliminary examination and search under Section 17(1) for an international application which has been searched in the international phase? (see note (f))

b

A preliminary examination and search under Section 17(1) for any other application?

c

A supplementary search under Section 17(8)?

d

A search of a further invention under Section 17(6)?

(Answer this question by writing a), b), c) or d).

If your answer is d), identify the invention to be searched by referring to the claims (see note (c))”.

Signature

Kim Howells

Parliamentary Under Secretary of State for Competition and Consumer Affairs,

Department of Trade and Industry

30th March 1999

Explanatory note

(This note is not part of the Rules)

These Rules amend the Patents Rules 1995 (S.I. 1995/2093). In addition to minor and drafting amendments, these Rules–

(a)

extend the hours during which public inspection of the register is permitted, to between 9am and 5pm on business days (rule 7);

(b)

revoke the provisions of rule 79 (entries in the Register of European Patents) (rule 9);

(c)

extend the hours for certain transaction of business of the Patent Office from 4pm to 5pm (rule 11);

(d)

make Tuesday 4th January 2000 an excluded day; that is to say a day on which the Patent Office is closed for the purposes of the transaction by the public of business with that Office (rule 12).

These Rules take effect on 4th May 1999.