The Patents (Supplementary Protection Certificate for Medicinal Products) (Amendment) Rules 1993

This Statutory Instrument has been made in consequence of defects in S.I. 1992/3162 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

1993 No. 947

PATENTS

The Patents (Supplementary Protection Certificate for Medicinal Products) (Amendment) Rules 1993

Made

30th March 1993

Laid before Parliament

31st March 1993

Coming into force

21st April 1993

The Secretary of State, in exercise of the powers conferred by section 123 of, and paragraph 14 of Schedule 4 to, the Patents Act 1977(1), after consultation with the Council of Tribunals pursuant to section 8(1) of the Tribunals and Inquiries Act 1992(2), hereby makes the following Rules: —

1.—(1) These Rules may be cited as the Patents (Supplementary Protection Certificate for Medicinal Products) (Amendment) Rules 1993 and shall come into force on 21st April 1993.

(2) These Rules extend to Great Britain and Northern Ireland.

2.  The Patents (Supplementary Protection Certificate for Medicinal Products) Rules 1992(3) shall be amended as follows

(a) in the column headed Reminder of Form SP1 (Request for grant of Supplementary Protection Certificate) in Schedule 2 (General Forms) the words must be valid at the time of making the application and appearing in the second item thereunder shall be omitted;

(b) Schedule 4 (Fees), for the word “Request” in the first item thereunder there shall be substituted the word “Application” and for the words “On payment of annual fees (and additional fee for late payment)” in the second item thereunder there shall be substituted “Annual fees”.

E Leigh

Parliamentary Under Secretary of State for Trade and Technology

Department of Trade and Industry

30th March 1993

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Patents (Supplementary Protection Certificate for Medicinal Products) Rules 1992 (S.I. 1992/3162 which came into force on 2nd January 1993) to correct certain drafting errors in those Rules.

(1)

1977 c. 37; the power of the Secretary of State to makes 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) so as to apply in respect of supplementary protection certificates. Section 123 was amended by the Copyright, Designs and Patents Act 1988 (c. 48), section 295 and Schedule 5, paragraph 29.

(2)

1992 c. 53.

(3)

S.I. 1992/3162.