The Patents (Supplementary Protection Certificates) Rules 1997

Interpretation

2.—(1) In these Rules—

“the 1977 Act” means the Patents Act 1977;

“the EC Regulations” means the medicinal product Regulation and the plant protection product Regulation and any reference in these Rules to an Article followed by a number is a reference to the Article so numbered in the relevant Regulation;

“the medicinal product Regulation” means Council Regulation (EEC) No. 1768/92 of 18th June 1992 concerning the creation of a supplementary protection certificate for medicinal products, a copy of the English language version of which is set out in Part 1 of Schedule 1 to these Rules(1);

“the plant protection product Regulation” means Regulation (EC) No. 1610/96 of the European Parliament and of the Council of 23rd July 1996 concerning the creation of a supplementary protection certificate for plant protection products, a copy of the English language version of which is set out in Part 2 of Schedule 1 to these Rules(2);

“the relevant Regulation” means the EC Regulation under which the application for a supplementary protection certificate is made or such a certificate is granted;

“basic patent” has the meaning assigned to it by—

(i)

paragraph (c) of Article 1 of the medicinal product Regulation; or

(ii)

paragraph (9) of Article 1 of the plant protection product Regulation,

whichever is the relevant Regulation;

“certificate” has the meaning assigned to it by—

(i)

paragraph (d) of Article 1 of the medicinal product Regulation; or

(ii)

paragraph (10) of Article 1 of the plant protection product Regulation,

whichever is the relevant Regulation;

“the comptroller” and “the journal” have the same meanings as they have in the 1977 Act;

“the court” has the same meaning as it has in the 1977 Act; and

“register of patents” means the register of patents maintained pursuant to section 32 of the 1977 Act.

(2) Subject to paragraph (3), the forms of which the use is required by these Rules are those set out in Schedule 2 to these Rules.

(3) A requirement under these Rules to use such a form is satisfied by the use either of a replica of that form or of a form which is acceptable to the comptroller and contains the information required by the form set out in Schedule 2 to these Rules.

(4) The fees to be paid in respect of any matter arising under these Rules shall be those (if any) prescribed in relation to such matter in Schedule 4 to these Rules; and any reference to“prescribed fee” and “fees” in these Rules shall be construed accordingly.

(1)

OJ No. L182, 2.7.92, page 1.

(2)

OJ No. L198, 8.8.96, page 30.