{
  "url": "https://openlegislation.uk/patents-supplementary-protection-certificates-rules-1997/note",
  "json_url": "https://openlegislation.uk/patents-supplementary-protection-certificates-rules-1997/note.json",
  "legislation": "uksi/1997/64",
  "legislation_title": "The Patents (Supplementary Protection Certificates) Rules 1997",
  "legislation_url": "https://openlegislation.uk/patents-supplementary-protection-certificates-rules-1997",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Rules)\nCouncil Regulation (EEC) No. 1768/92 (a copy of which is set out in Part 1 of Schedule 1 to these Rules) created, and set out the conditions relating to applications for and the grant of, a supplementary protection certificate for medicinal products. Such a certificate, when granted, extends the protection afforded by a patent (“the basic patent”) in respect of a medicinal product covered by it for a period which extends to a period not more than five years from the date when it takes effect.\nRegulation (EC) No. 1610/96 of the European Parliament and of the Council (a copy of which is set out in Part 2 of Schedule 1 to these Rules) creates, and sets out the conditions relating to applications for and the grant of, a supplementary protection certificate for plant protection products and takes effect on 8th February 1997. Such a certificate extends to plant protection products, protection of a kind similar to the certificate granted in respect of medicinal products, subject to similar conditions.\nBoth Regulations are directly applicable in the United Kingdom and have effect so that any certificate granted under them confers the same rights and is subject to the same limitations and obligations as the basic patent; the decisions of the comptroller taken in respect of the certificate are open to the same appelas as those provided against similar decisions taken in respect of patents and, in the absence of specific procedural provisions in the Regulations or national laws, the procedural provisions applicable to the corresponding basic patent are to apply to the certificate.\nThese Rules revoke and substantially re-enact the Patents (Supplementary Protection Certificate for Medicinal Products) Rules 1992 (for general changes see below) and also make provision for the supplementary protection certificate for plant protection products, to the extent that both EC Regulations enable Member States to make provision for the procedure applicable to certificates (in so far as the procedure is to differ from the procedure applicable to patents and applications for patents) (Article 18) and for the payment, and the amount, of fees (Articles 8(2) and 12).\nProvision is additionally made:\n(i) for an application to the Comptroller for a declaration of lapse or invalidity of a certificate to be subject to payment of a fee of £50 (rule 7);\n(ii) in the case of such an application, requiring the statement accompanying it to also set out fully the grounds upon which the applicant relies (rule 7);\n(iii) for new forms (Schedule 2).\nA compliance cost assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies are available also from the Legal Division, Patents and Designs Directorate, the Patent Office, Newport, Gwent, NP9 1RH.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/64/note",
    "retrieved_at": "2026-10-29T12:27:47.107599+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."
}