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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. ARTICLE 1

          1. Definitions

        2. ARTICLE 2

          1. Scope

        3. ARTICLE 3

          1. Conditions for obtaining a certificate

        4. ARTICLE 4

          1. Subject-matter of protection

        5. ARTICLE 5

          1. Effects of the certificate

        6. ARTICLE 6

          1. Entitlement to the certificate

        7. ARTICLE 7

          1. 1.Application for a certificate

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

        8. ARTICLE 8

          1. 1.Content of the application for a certificate

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

        9. ARTICLE 9

          1. 1.Lodging of an application for a certificate

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

        10. 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...

        11. ARTICLE 11

          1. 1.Publication

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

        12. ARTICLE 12

          1. Annual fees

        13. ARTICLE 13

          1. 1.Duration of the certificate

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

        14. ARTICLE 14

          1. Expiry of the certificate

        15. ARTICLE 15

          1. 1.Invalidity of the certificate

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

        16. ARTICLE 16

          1. Notification of lapse or invalidity

        17. ARTICLE 17

          1. Appeals

        18. ARTICLE 18

          1. 1.Procedure

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

        19. ARTICLE 19

          1. 1.Transitional provisions

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

        20. ARTICLE 20

        21. ARTICLE 21

        22. ARTICLE 22

        23. FINAL PROVISION

          ARTICLE 23

          1. Entry into force

      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

      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

      22. FINAL PROVISION

        1. Article 21

          1. Entry into force

    2. SCHEDULE 2

      GENERAL FORMS

    3. SCHEDULE 3

      CERTIFICATE

      1. PART 1

      2. PART 2

    4. SCHEDULE 4

      FEES

  5. Explanatory Note

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