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Patents Act 1977
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Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by S.I. 2003/1249 art. 2 3 Sch.
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4A inserted by 2004 c. 16 s. 1
- s. 15 15A substituted for s. 15 by S.I. 2004/2357 art. 5
- s. 20A 20B inserted by S.I. 2004/2357 art. 8
- s. 20B(6A) inserted by 2004 c. 16 Sch. 2 para. 7
- s. 50A inserted by 2002 c. 40 Sch. 25 para. 8(2)
- s. 50A(1)(a) amended by S.I. 2003/1592 Sch. 4 para. 3(1)(a)
- s. 50A(1)(a) amended by S.I. 2003/1592 Sch. 4 para. 3(1)(b)
- s. 50A(6) amended by S.I. 2003/1592 Sch. 4 para. 3(1)(c)
- s. 50A(6) amended by S.I. 2003/1592 Sch. 4 para. 3(1)(d)
- s. 50A(7) amended by S.I. 2003/1592 Sch. 4 para. 3(1)(e)
- s. 74A 74B and cross-heading inserted by 2004 c. 16 s. 13(1)
- s. 117A 117B inserted by S.I. 2004/2357 art. 18
- s. 117A(7) inserted by 2004 c. 16 Sch. 2 para. 23
- s. 118A inserted by S.I. 2011/2059 reg. 2
- s. 124A inserted by S.I. 2003/512 art. 2
- s. 124A(1) word substituted by S.I. 2006/1229 art. 4(2)
- s. 124A(3) words substituted by S.I. 2006/1229 art. 4(3)
- s. 124A(5) word inserted by S.I. 2006/1229 art. 4(4)(b)
- s. 124A(5) word substituted by S.I. 2006/1229 art. 4(4)(a)
- s. 124A(6) word substituted by S.I. 2006/1229 art. 4(5)
- s. 124A(7) word substituted by S.I. 2006/1229 art. 4(6)
- s. 124A(9)(10) omitted by S.I. 2006/1229 art. 4(7)
- s. 124A(12) omitted by S.I. 2006/1229 art. 4(7)
- s. 124A(13)-(16) substituted for s. 124A(13)-(15) by S.I. 2006/1229 art. 4(8)
- s. 128A 128B inserted by S.I. 2007/3293 reg. 2(2)
- Sch. 4A inserted by S.I. 2007/3293 reg. 2(3)
Commencement Orders yet to be applied to the Patents Act 1977:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/53 art. 2(a) commences (2001 c. 15)
- S.I. 2003/766 art. 2 Sch. commences (2002 c. 40)
- S.I. 2003/1397 art. 2(1) Sch. commences (2002 c. 40)
- S.I. 2003/2093 art. 2(1) Sch. 1 art. 2(2) Sch. 2 commences (2002 c. 40)
- S.I. 2004/288 art. 2-6 commences (2003 c. 43)
- S.I. 2004/480 art. 2-5 commences (2003 c. 43)
- S.I. 2004/866 art. 2 amendment to earlier commencing SI 2004/288
- S.I. 2004/1009 art. 2 amendment to earlier commencing SI 2004/288
- S.I. 2004/1019 art. 2 amendment to earlier commencing SI 2004/480
- S.I. 2004/2177 art. 2 commences (2004 c. 16)
- S.I. 2004/3205 art. 2 commences (2004 c. 16)
- S.I. 2004/3233 art. 2 commences (2002 c. 40)
- S.I. 2004/3255 art. 2 commences (2004 c. 8)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2005/2471 art. 2(g) commences (2004 c. 16)
- S.I. 2005/2925 art. 2 4-11 amendment to earlier commencing SI 2004/288
- S.I. 2006/345 art. 8 amendment to earlier commencing SI 2004/480
- S.I. 2006/1014 art. 2(a) Sch. 1 para. 11(e) commences (2005 c. 4)
- S.I. 2007/3396 art. 2(a) commences (2004 c. 16)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/3250 art. 2(h) art. 2(i) commences (2007 c. 29)
11(1)In this paragraph “the continuing 1949 Act provisions” means the provisions of the 1949 Act which continue to apply on and after the appointed day as mentioned in paragraph 1 of Schedule 1 above.E+W+S+N.I.
(2)This paragraph applies where—
(a)the comptroller gives a decision or direction (whether before or on or after the appointed day) under any of the continuing 1949 Act provisions, and
(b)an appeal lies under those provisions from the decision or direction;
but this paragraph applies subject to the foregoing provisions of this Schedule.
(3)Where such an appeal has been instituted before the Appeal Tribunal before the appointed day, and the hearing of the appeal has begun but has not been completed before that day, the appeal (and any further appeal) shall be continued and disposed of under the old law.
(4)Where such an appeal has been so instituted, but the hearing of it has not begun before the appointed day, it shall be transferred by virtue of this sub-paragraph to the Patents Court on that day and the appeal (and any further appeal) shall be prosecuted under the old law, but as if references in the 1949 Act and rules made under it to the Appeal Tribunal were references to the Patents Court.
(5)Any such appeal instituted on or after the appointed day shall lie to the Patents Court or, where the proceedings appealed against were held in Scotland, the Court of Session; and accordingly, the reference to the Appeal Tribunal in section 31(2) of the 1949 Act shall be taken to include a reference to the Patents Court or (as the case may be) the Court of Session.
(6)Section 97(3) of this Act shall apply to any decision of the Patents Court on an appeal instituted on or after the appointed day from a decision or direction of the comptroller under any of the continuing 1949 Act provisions as it applies to a decision of that Court referred to in that subsection, except that for references to the sections mentioned in paragraph (a) of that subsection there shall be substituted references to sections 33, 55 and 56 of the 1949 Act.
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