http://www.legislation.gov.uk/uksi/1997/64/article/5/madeThe Patents (Supplementary Protection Certificates) Rules 1997English languageKing's Printer of Acts of Parliament2015-03-17PATENTS Council Regulation (EEC) No. 1768/92 (a copy of which is set out in Part 1 of Schedule 1 to these Rules) created, and set out the conditions relating to applications for and the grant of, a supplementary protection certificate for medicinal products. Such a certificate, when granted, extends the protection afforded by a patent (“the basic patent”) in respect of a medicinal product covered by it for a period which extends to a period not more than five years from the date when it takes effect. The Patents (Supplementary Protection Certificates) Rules 1997The Patents Rules 2007rule 120 sch 6The Patents (Supplementary Protection Certificates) Rules 1997 rule 7(3)(i)(iii) The Patents (Supplementary Protection Certificates) Rules 1997 rule 11 PART II 5 1 A reference in this rule to— a “due date” means the date on which a certificate, subject to the requirement to pay fees, would take effect at the end of the lawful term of the basic patent; and b “maximum period” means the maximum possible period of duration of a certificate as determined in accordance with Article 13. 2 A certificate shall not take effect, and its actual duration shall not be determined, until payment is made of the fees prescribed in accordance with paragraphs (3) to (10) below. 3 Subject to paragraph (9), the amount of fees payable in order for a certificate to take effect in respect of any period (“the appropriate fees”) shall be the amount calculated by reference to the length of the maximum period, less any period deducted from the end of the maximum period during which it is desired by the holder of a certificate that the certificate shall not have effect, the resulting period, whether reduced from the maximum period or not, being referred to hereafter as the “effective period”. 4 The appropriate fees payable in respect of any effective period shall be the cumulative amount of fees prescribed— a by reference to the successive twelve month periods of which an effective period is made up (any period of less than twelve months being treated as a twelve month period of which that lesser period forms part); the first such period shall commence on the due date (“the first year”); the second shall commence immediately upon expiry of the first (“the second year”), with corresponding provision in respect of each successive year up to a maximum of five years (“the fifth year”) which years shall be referred to herein generally as “effective years”; and b in respect of each of the effective years, by the prescribed fees in force— i where payment is made before the due date, on the date on which payment is made; ii in any other case, on the due date. 5 Subject to paragraphs (7) and (9), the appropriate fees in respect of an effective period shall be paid not later than the due date but may not be paid earlier than three months preceding the due date. 6 Without prejudice to the provisions of paragraphs (2) and (5), the comptroller shall write to the holder of a certificate not later than two months before the due date— a notifying him of the due date; b indicating the prescribed fees applicable in respect of each of the effective years of which the maximum period of the certificate is made up; and c specifying the period within which fees must be paid to the Patent Office in order for the certificate to take effect; and the holder of the certificate shall, within the period specified under paragraph (c), notify the Patent Office on Form SP2 of the effective period of the certificate, which notification shall be accompanied by the appropriate fees payable in respect of that period. 7 Where a certificate is granted later than three months before the end of the lawful term of the basic patent, the provisions of paragraphs (5) and (6) shall be modified as follows— a the due date for the purposes of payment of the appropriate fees shall be the date three months after the date of grant of the certificate; and b the comptroller shall write to the applicant for the certificate in the terms prescribed by paragraph (6), subject to subparagraph (a) of this paragraph, on the date on which he notifies him of the grant thereof. 8 Where the effective period is less than the maximum period of the certificate it shall not subsequently be extended. 9 Where the period for payment of fees under paragraph (5) or (7), as the case may be, has expired— a the comptroller shall, not later than six weeks after the applicable due date and if the fees remain unpaid, notify the holder of the certificate— i that the fees remain unpaid; and ii of the consequences of non-payment; and iii of the provisions of subparagraph (b); b the holder, subject to the payment within a period of six months after the applicable due date of the unpaid fees and an additional late payment fee of an amount equal to one half of the amount of the unpaid fees, shall be treated as having paid the fees on the applicable due date. 10 The notices under paragraphs (6) and (9) of this rule shall be sent by the comptroller to— a the address for service furnished in writing by the applicant for a certificate or any address replacing it, and, b in relation to the basic patent in respect of which the certificate is granted, where it differs from the address referred to in subparagraph (a), i the address in the United Kingdom to which any renewal reminder is to be sent as specified by the proprietor on payment of the last renewal fee or any address replacing it, or ii where no such address is specified, the address for service (if any) entered in the register of patents.