Patents Act 1977

[F1 Modifications of relevant statutory provisions U.K.

Textual Amendments

F1 Schs. A3, A4 inserted (coming into force in accordance with art. 1(2)) by The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016 (S.I. 2016/388), arts. 1(2), 2(10) (with art. 3)

4. (1) In their application in relation to the European patent with unitary effect, the relevant statutory provisions which are referred to in this paragraph have effect subject to the modifications set out in this paragraph. U.K.

(2) In section 7(2)(b), the reference to the United Kingdom is a reference to any of the Participating Member States.

(3) In sections 30(7) and 31(7), references to proceedings by virtue of section 61 or 69 are references to equivalent proceedings in the Unified Patent Court.

(4) In sections 33(1)(a), 33(4), 37(2), 37(7), 38(2) and 38(3), the reference to registration is a reference to registration in the Register for unitary patent protection.

(5) In sections 48(1)(b), 48B(4), 50A(4), 51(3), 53(3), and 53(4), the reference to the register is a reference to the Register for unitary patent protection.

(6) In sections 48(2)(b), 50A(4), 51(3), 53(3), 53(4) and 53(5), the reference to making an entry is a reference to directing the making of an entry.

(7) In sections 48B(2)(b) and 50(2)(a), the reference to the journal is a reference to the European Patent Bulletin.

(8) In section 55(5)(b), the reference to the Patent Office is a reference to the European Patent Office.

(9) In section 59(2), the reference to section 69 includes a reference to Article 67 of the European Patent Convention.

(10) In section 60—

(a) in subsections (1), (2), and (5)(d), (e) and (f), the references to the United Kingdom are references to the territory of a Contracting Member State in which the European patent with unitary effect has effect;

(b) in subsection (7)—

(i) in the definition of “relevant ship” and “relevant aircraft, hovercraft or vehicle”, the reference to the United Kingdom is a reference to a Contracting Member State in which the European patent with unitary effect has effect; and

(ii) in the definition of “exempted aircraft”, the reference to an aircraft to which section 89 of the Civil Aviation Act 1982 applies is a reference to an aircraft other than an aircraft of a Contracting Member State in which the European patent with unitary effect has effect.]