The Patents Act 1977 (Electronic Communications) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order amends the Patents Act 1977 (the “Patents Act”) to facilitate the use of electronic communications with the Patent Office.

Article 2 inserts a new section 124A into the Patents Act. The Comptroller-General of Patents, Designs and Trade Marks (“the comptroller”) is given the power to:

• direct the form and manner in which a document is delivered to the comptroller where the document is to be delivered in electronic form or using electronic communications;

• require a document which is to be delivered in electronic form or using electronic communications to be accompanied by one or more additional documents;

• treat a document as not having been delivered if the form and manner of its delivery does not comply with directions;

• make directions as to how a fee shall be paid and when the fee shall be deemed to have been paid where a document is delivered using electronic communications and there is a requirement for a fee to accompany the document;

• direct that a person delivering a document to the comptroller in electronic form or using electronic communications cannot treat it as having been delivered unless its delivery has been acknowledged;

• direct how the time of delivery is to be accorded to a document which is sent to the comptroller in electronic form or using electronic communications.

Directions made by the comptroller may apply generally or to a description of cases or in relation to particular persons, and provision is made for how the directions will be brought to the attention of the persons affected by them. The comptroller may vary or revoke a direction by a subsequent direction. A direction may include incidental, supplementary, saving or transitional provisions.

There is provision for a document to be deemed to be delivered where the comptroller delivers a document using electronic communications.

Article 3 provides that “electronic communication” in the Patents Act is to have the same meaning as in the Electronic Communications Act 2000.

A regulatory impact assessment is available from the Intellectual Property Policy Directorate of the Patent Office, Room 3B38, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ. Copies have also been placed in the libraries of both Houses of Parliament.