Patents Act 2004
2004 CHAPTER 16
Commentary on Sections
Schedule 2paragraphs 14, 16, 17 and 28
102.Paragraphs 14, 16 and 17 replace the obsolete word “plaintiff”, which appears in the existing sections 61, 63 and 70, with the modern term “claimant” now used in civil proceedings in England and Wales. The new section 70(2) and (2A), provided by section 12, introduces the term “claimant” into the 1977 Act for the first time, and these paragraphs make corresponding amendments to ensure consistency. The Scottish term “pursuer” is left unchanged. Paragraph 28 takes account of the fact that, in Northern Ireland, the term “plaintiff” is still current. It amends section 131 (which deals with the interpretation of the 1977 Act in Northern Ireland) in order to make clear that “claimant” includes “plaintiff” when the Act is applied in Northern Ireland.
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