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Paragraph 5 Applications to which certain amendments made to the Act by the Regulatory Reform (Patents) Order 2004 do not apply.

(1)

This paragraph applies to an application for a patent to which article 20, 21 or 22 of the Regulatory Reform (Patents) Order 2004 M1 applies.

(2)

Any reference in these Rules to—

(a)

section 15(9) of the Act is a reference to section 15(4) of the unamended Act;

(b)

section 15(10)(a) of the Act is a reference to section 15(5)(a) of the unamended Act;

(c)

section 15(10)(b) or (c) of the Act shall be disregarded;

(d)

section 15(10)(d) of the Act is a reference to section 15(5)(b) of the unamended Act;

(e)

section 15A of the Act is a reference to section 17(1) of the unamended Act;

(f)

section 17(1)(c)(i) of the Act is a reference to section 17(1)(a) of the unamended Act; and

(g)

Patents Form 9A is a reference to Patents Form 9.

(3)

The following provisions do not apply—

  • rule 6(2) and (3) (declaration of priority made after date of filing);

  • rule 7 (permission to make late declaration under section 5(2B));

  • rule 12(2), (3), (8) and (9) (notifications of deficiencies in application);

  • rule 17 (references under section 15(1)(c)(ii));

  • rule 18 (missing parts);

  • rule 22(3) (prescribed period for the purpose of section 15(10)(b)(ii)).

(4)

In this paragraph “unamended Act” means the Act as it had effect immediately before the Regulatory Reform (Patents) Order 2004 came into effect.

Annotations

Marginal citations

M1

SI 2004/2357.