{
  "url": "https://openlegislation.uk/patents-rules-2007/schedule-5/paragraph-7",
  "json_url": "https://openlegislation.uk/patents-rules-2007/schedule-5/paragraph-7.json",
  "legislation": "uksi/2007/3291",
  "legislation_title": "The Patents Rules 2007",
  "legislation_url": "https://openlegislation.uk/patents-rules-2007",
  "path": "schedule/5/paragraph/7",
  "kind": "paragraph",
  "number": "7",
  "heading": "Patent applications filed before 7th January 1991",
  "text": "(1) This paragraph applies to an application for a patent filed before 7th January 1991 and to a patent granted in pursuance of such application.\n(2) Schedule 1 has effect with the following modifications.\n(3) In paragraph 2, for the words “involves the use of or concerns biological material” substitute the words “ requires for its performance the use of a micro-organism ”.\n(4) In paragraph 5(3)(b), insert at the beginning the words “ in the case of an undertaking given in accordance with paragraph 1(a), ” and insert at the end the word “ or ” followed by:\n“(c) in the case of an undertaking given in accordance with paragraph (1)(b), when the patent is granted.”.\n(5) Any reference to “biological material”—\n(a) in paragraphs 3(1)(a), 4, 5 and 8 is a reference to “culture of the micro-organism”; and\n(b) other than in those provisions, is a reference to “micro-organism”.\n(6) For the purposes of paragraph 3(2) the relevant period is the period of two months beginning immediately after the date of filing of the application for a patent.\n(7) The following provisions do not have effect—\nparagraph 3(3) (defining relevant period);\nparagraph 6 (restriction of availability of biological material to experts);\nparagraph 7 (request for sample to be made available to expert).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 5 para. 7(6) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "The date that section 125A of the Patents Act 1977 came into effect (see paragraph 30 of Schedule 5 to the Copyright, Designs and Patents Act 1988 (c. 48)) and SI 1990/2168."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2007/3291/schedule/5/paragraph/7",
    "retrieved_at": "2026-10-29T03:40:58.093437+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."
}