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The Patents (Supplementary Protection Certificates) Rules 1997

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  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

  3. PART II PROVISIONS RELATING TO ARTICLES 4 TO 18 OF THE EC REGULATIONS

    1. 3.Application and fee in respect of application (Articles 8 and 9(1))

    2. 4.Certificate of grant (Article 10)

    3. 5.Fees in respect of effective period of certificate (Article 12)

    4. 6.If the certificate is surrendered or declared invalid on or...

    5. 7.Declaration of lapse or invalidity of certificate (Articles 14(d) and 15(1)(a) and (c))

    6. 8.If it appears to the comptroller that a certificate has...

    7. 9.Forms for use in connection with certificates and applications for certificates (Article 18(1))

    8. 10.Publication of: application, grant of certificate, rejection of application, declaration of lapse or of invalidity or of termination of grounds of lapse of certificate (Articles 9(2), 11(1) and (2) and 16)

    9. 11.Transitional provisions

    10. 12.Revocations

  4. Signature

    1. SCHEDULE 1

      1. PART 1 COUNCIL REGULATION (EEC) NO. 1768/92 OF 18TH JUNE 1992 CONCERNING THE CREATION OF A SUPPLEMENTARY PROTECTION CERTIFICATE FOR MED ICINAL PRODUCTS

        1. THE COUNCIL OF THE EUROPEAN COMMUNITIES

        2. Having regard to the Treaty establishing the European Economic Community,...

        3. Having regard to the proposal from the Commission.

        4. In cooperation with the European Parliament.

        5. Having regard to the opinion of the Economic and Social...

        6. Whereas pharmaceutical research plays a decisive role in the continuing...

        7. Whereas medicinal products, especially those that are the result of...

        8. Whereas at the moment the period that elapses between the...

        9. Whereas this situation leads to a lack of protection which...

        10. Whereas the current situation is creating the risk of research...

        11. Whereas a uniform solution at Community level should be provided...

        12. Whereas, therefore, the creation of a supplementary protection certificate granted,...

        13. Whereas the duration of the protection granted by the certificate...

        14. Whereas all the interests at stake, including those of public...

        15. Whereas a fair balance should also be struck with regard...

        16. Whereas the transitional arrangements applicable to applications for certificates filed...

        17. Whereas special arrangements should be allowed in Member States whose...

        18. Whereas provision should be made for appropriate limitation of the...

        19. HAS ADOPTED THIS REGULATION:

        20. ARTICLE 1

          1. Definitions

        21. ARTICLE 2

          1. Scope

        22. ARTICLE 3

          1. Conditions for obtaining a certificate

        23. ARTICLE 4

          1. Subject-matter of protection

        24. ARTICLE 5

          1. Effects of the certificate

        25. ARTICLE 6

          1. Entitlement to the certificate

        26. ARTICLE 7

          1. 1.Application for a certificate

          2. 2.Notwithstanding paragraph 1, where the authorization to place the product...

        27. ARTICLE 8

          1. 1.Content of the application for a certificate

          2. 2.Member States may provide that a fee is to be...

        28. ARTICLE 9

          1. 1.Lodging of an application for a certificate

          2. 2.Notification of the application for a certificate shall be published...

        29. ARTICLE 10

          1. 1.Grant of the certificate or rejection of the application

          2. 2.The authority referred to in Article 9(1) shall, subject to...

          3. 3.Where the application for a certificate does not meet the...

          4. 4.If the irregularity is not rectified or the fee is...

          5. 5.Member States may provide that the authority referred to in...

        30. ARTICLE 11

          1. 1.Publication

          2. 2.Notification of the fact that the application for a certificate...

        31. ARTICLE 12

          1. Annual fees

        32. ARTICLE 13

          1. 1.Duration of the certificate

          2. 2.Notwithstanding paragraph 1, the duration of the certificate may not...

        33. ARTICLE 14

          1. Expiry of the certificate

        34. ARTICLE 15

          1. 1.Invalidity of the certificate

          2. 2.Any person may submit an application or bring an action...

        35. ARTICLE 16

          1. Notification of lapse or invalidity

        36. ARTICLE 17

          1. Appeals

        37. ARTICLE 18

          1. 1.Procedure

          2. 2.Notwithstanding paragraph 1, the procedure for opposition to the granting...

        38. ARTICLE 19

          1. 1.Transitional provisions

          2. 2.An application for a certificate as referred to in paragraph...

        39. ARTICLE 20

          1. This Regulation shall not apply to certificates granted in accordance...

        40. ARTICLE 21

          1. In those Member States whose national law did not on...

          2. Article 19 shall not apply in those Member States.

        41. ARTICLE 22

          1. Where a certificate is granted for a product protected by...

        42. FINAL PROVISION

          ARTICLE 23

          1. Entry into force

          2. This Regulation shall be binding in its entirety and directly...

          3. Done at Luxembourg, 18 June 1992.

          4. For the Council

          5. The President

          6. Vitor MARTINS

      2. PART 2 REGULATION (EC) No 1610/96 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 23 July 1996concerning the creation of a supplementary protection certificate for plant protection products

        1. The European Parliament and The Council of The European Union

        2. Having regard to the proposal from the Commission,

        3. Having regard to the opinion of the Economic and Social...

        4. Acting in accordance with the procedure referred to in Article...

        5. HAVE ADOPTED THIS REGULATION:

      3. Article 1

        1. Definitions

        2. 1.Definitions

        3. 2.“substances”: chemical elements and their compounds, as they occur naturally...

        4. 3.“active substances”: substances or micro-organisms including viruses, having general or...

        5. 4.“preparations”: mixtures or solutions composed of two more substances, of...

        6. 5.“plants”: live plants and live parts of plants, including fresh...

        7. 6.“plant products”: products in the unprocessed state or having undergone...

        8. 7.“harmful organisms”: pests of plants or plant products belonging to...

        9. 8.“product”: the active substance as defined in point 3 or...

        10. 9.“basic patent”: a patent which protects a product as defined...

        11. 10.“certificate”: the supplementary protection certificate.

      4. Article 2

        1. Scope

      5. Article 3

        1. 1.Conditions for obtaining a certificate

        2. 2.The holder of more than one patent for the same...

      6. Article 4

        1. Subject-matter of protection

      7. Article 5

        1. Effects of the certificate

      8. Article 6

        1. Entitlement to the certificate

      9. Article 7

        1. 1.Application for a certificate

        2. 2.Notwithstanding paragraph 1, where the authorization to place the product...

      10. Article 8

        1. 1.Content of the application for a certificate

        2. 2.Member States may require a fee to be payable upon...

      11. Article 9

        1. 1.Lodging of an application for a certificate

        2. 2.Notification of the application for a certificate shall be published...

      12. Article 10

        1. 1.Grant of the certificate or rejection of the application

        2. 2.The authority referred to in Article 9(1) shall, subject to...

        3. 3.Where the application for a certificate does not meet the...

        4. 4.If the irregularity is not rectified or the fee is...

        5. 5.Member States may provide that the authority referred to in...

      13. Article 11

        1. 1.Publication

        2. 2.Notification of the fact that the application for a certificate...

      14. Article 12

        1. Annual fees

      15. Article 13

        1. 1.Duration of the certificate

        2. 2.Notwithstanding paragraph 1, the duration of the certificate may not...

        3. 3.For the purposes of calculating the duration of the certificate,...

      16. Article 14

        1. Expiry of the certificate

      17. Article 15

        1. 1.Invalidity of the certificate

        2. 2.Any person may submit an application or bring an action...

      18. Article 16

        1. Notification of lapse or invalidity

      19. Article 17

        1. 1.Appeals

        2. 2.The decision to grant the certificate shall be open to...

      20. Article 18

        1. 1.Procedure

        2. 2.Notwithstanding paragraph 1, the procedure for opposition to the granting...

      21. TRANSITIONAL PROVISIONS

        1. Article 19

          1. 1.Any product which, on the date on which this Regulation...

          2. 2.An application made under paragraph 1 for a certificate shall...

        2. Article 20

          1. In those Member States whose national law did not, on...

          2. Article 19 shall not apply in those Member States.

      22. FINAL PROVISION

        1. Article 21

          1. Entry into force

          2. This Regulation shall be binding in its entirety and directly...

          3. Done at Brussels, 23 July 1996.

          4. For the European Parliament

          5. The President

          6. K. HÄNSCH

          7. For the Council

          8. The President

          9. M. LOWRY

    2. SCHEDULE 2

      GENERAL FORMS

    3. SCHEDULE 3

      CERTIFICATE

      1. PART 1

        1. EEC REGULATION NO: 1768/92 SUPPLEMENTARY PROTECTION CERTIFICATE FOR MEDICINAL PRODUCT...

      2. PART 2

        1. EC REGULATION NO: 1610/96 SUPPLEMENTARY PROTECTION CERTIFICATE FOR PLANT PROTECTION...

    4. SCHEDULE 4

      FEES

  6. Explanatory Note

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