The Registered Designs Act 1949 and Patents Act 1977 (Electronic Communications) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order amends the Registered Designs Act 1949 (c. 88) (“the 1949 Act”) and the Patents Act 1977 (c. 37) (“the 1977 Act”) to facilitate the use of electronic communications with the Patent Office.

Article 2 inserts a new section 37A into the 1949 Act. This provision gives the registrar the power to:

(a) direct the form and manner in which a document is delivered to the registrar where the document is to be delivered in electronic form or using electronic communications;

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

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

(d) give 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;

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

(f) direct how the time of delivery is to be accorded to a document which is sent to the registrar in electronic form or using electronic communications.

Article 3 provides that “electronic communication” in the 1949 Act is to have the same meaning as in the Electronic Communications Act 2000 (c. 7).

Article 4 makes amendments to section 124A of the 1977 Act. This section was inserted into the 1977 Act by the Patents Act 1977 (Electronic Communications) Order 2003 (SI 2003/512). The amendments made to that provision are intended to bring it into line with section 37A, which is inserted into the 1949 Act by this Order.

A Regulatory Impact Assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies of the assessment are also available from the Trade Marks and Designs Directorate, The Patent Office, Concept Office, Cardiff Road, Newport, NP10 8QQ.