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The Patents (Supplementary Protection Certificates) Rules 1997

S.I. 1997/64 · Made 16 January 1997

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 16th January 1997

Laid before Parliament 17th January 1997

Coming into force 8th February 1997

The Secretary of State, in exercise of the powers conferred by section 123 of, and paragraph 14 of Schedule 4 to, the Patents Act 1977f1, of the power conferred upon him by the Department of Trade and Industry (Fees) Order 1988f2, and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals pursuant to section 8(1) of the Tribunals and Inquiries Act 1992f3 and with the consent of the Treasury pursuant to subsection (4) of the said section 123, hereby makes the following Rules:

Annotations to the whole text

Footnotes

f1

1977 c. 37; the power of the Secretary of State to make rules in respect of patents under section 123 of the Patents Act 1977 was extended by the Patents (Supplementary Protection Certificate for Medicinal Products) Regulations 1992 (S.I. 1992/3091) and the Patents (Supplementary Protection Certificate for Plant Protection Products) Regulations 1996 (S.I. 1996/3120) so as to apply to supplementary protection certificates. Section 123 was amended by the Copyright, Designs and Patents Act 1988 (c. 48), section 295 and Schedule 5, paragraph 29.

f2

S.I. 1988/93, as amended by S.I. 1990/1473, which was made under section 102 of the Finance (No.2) Act 1987 (c. 51). The relevant provisions of that Order are article 7 and part IV of Schedule 1.

f3

1992 c. 53.

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part II: PROVISIONS RELATING TO ARTICLES 4 TO 18 OF THE EC REGULATIONS
  5. 3Application and fee in respect of application (Articles 8 and 9(1))
  6. 4Certificate of grant (Article 10)
  7. 5Fees in respect of effective period of certificate (Article 12)
  8. 6Fees in respect of effective period of certificate (Article 12)
  9. 7Declaration of lapse or invalidity of certificate (Articles 14(d) and 15(1)(a) and (c))
  10. 8Declaration of lapse or invalidity of certificate (Articles 14(d) and 15(1)(a) and (c))
  11. 9Forms for use in connection with certificates and applications for certificates (Article 18(1))
  12. 10Publication of: application, grant of certificate, rejection of application, declaration of lapse or of invalidity or of termination of grounds of lapse of certificate (Articles 9(2), 11(1) and (2) and 16)
  13. 11Transitional provisions
  14. 12Revocations
  15. Signature
  16. Schedule 1
  17. 1COUNCIL REGULATION (EEC) NO. 1768/92 OF 18TH JUNE 1992 CONCERNING THE CREATION OF A SUPPLEMENTARY PROTECTION CERTIFICATE FOR MED ICINAL PRODUCTS
  18. ARTICLE 1
  19. ARTICLE 2
  20. ARTICLE 3
  21. ARTICLE 4
  22. ARTICLE 5
  23. ARTICLE 6
  25. 1Application for a certificate
  26. 2Application for a certificate
  28. 1Content of the application for a certificate
  29. 2Content of the application for a certificate
  31. 1Lodging of an application for a certificate
  32. 2Lodging of an application for a certificate
  34. 1Grant of the certificate or rejection of the application
  35. 2Grant of the certificate or rejection of the application
  36. 3Grant of the certificate or rejection of the application
  37. 4Grant of the certificate or rejection of the application
  38. 5Grant of the certificate or rejection of the application
  40. 1Publication
  41. 2Publication
  42. ARTICLE 12
  44. 1Duration of the certificate
  45. 2Duration of the certificate
  46. ARTICLE 14
  48. 1Invalidity of the certificate
  49. 2Invalidity of the certificate
  50. ARTICLE 16
  51. ARTICLE 17
  53. 1Procedure
  54. 2Procedure
  56. 1Transitional provisions
  57. 2Transitional provisions
  58. ARTICLE 20
  59. ARTICLE 21
  60. ARTICLE 22
  61. FINAL PROVISIONARTICLE 23
  62. 2REGULATION (EC) No 1610/96 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
  64. 1Definitions
  65. 2Definitions
  66. 3Definitions
  67. 4Definitions
  68. 5Definitions
  69. 6Definitions
  70. 7Definitions
  71. 8Definitions
  72. 9Definitions
  73. 10Definitions
  74. Article 2
  76. 1Conditions for obtaining a certificate
  77. 2Conditions for obtaining a certificate
  78. Article 4
  79. Article 5
  80. Article 6
  82. 1Application for a certificate
  83. 2Application for a certificate
  85. 1Content of the application for a certificate
  86. 2Content of the application for a certificate
  88. 1Lodging of an application for a certificate
  89. 2Lodging of an application for a certificate
  91. 1Grant of the certificate or rejection of the application
  92. 2Grant of the certificate or rejection of the application
  93. 3Grant of the certificate or rejection of the application
  94. 4Grant of the certificate or rejection of the application
  95. 5Grant of the certificate or rejection of the application
  97. 1Publication
  98. 2Publication
  99. Article 12
  101. 1Duration of the certificate
  102. 2Duration of the certificate
  103. 3Duration of the certificate
  104. Article 14
  106. 1Invalidity of the certificate
  107. 2Invalidity of the certificate
  108. Article 16
  110. 1Appeals
  111. 2Appeals
  113. 1Procedure
  114. 2Procedure
  115. Part TRANSITIONAL PROVISIONS
  117. 1Paragraph 1
  118. 2Paragraph 2
  119. Article 20
  120. Part FINAL PROVISION
  121. Article 21
  122. Schedule 2GENERAL FORMS
  123. Schedule 3: CERTIFICATE
  124. 1Part 1
  125. 2Part 2
  126. Schedule 4FEES
  127. Explanatory note