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The Patents Rules 2007

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This is the original version (as it was originally made).

The undertaking

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5.—(1) A request made under paragraph 4 or 7 shall include an undertaking by the person making the request—

(a)not to make the biological material, or any material derived from it, available to any other person; and

(b)not to use the biological material, or any material derived from it, except for experimental purposes relating to the subject matter of the invention,

subject to the following sub-paragraphs.

(2) The applicant for, or the proprietor of, a patent may agree to limit the effect of the undertaking in a particular case.

(3) The undertaking shall cease to have effect—

(a)when the application for a patent is terminated or withdrawn (but it will continue to have effect if the application is reinstated or resuscitated); or

(b)when the patent ceases to have effect.

(4) Where a request is made—

(a)by a government department or any person authorised in writing by a government department; and

(b)for the purposes of using the patented invention for the services of the Crown,

no undertaking is required and any undertaking by the government department or the person so authorised shall not have effect.

(5) Where—

(a)a licence under the patent to which the undertaking relates is available as of right; or

(b)a compulsory licence in respect of the patent to which the undertaking relates has been granted,

any undertaking made shall have no effect to the extent necessary to give effect to any such licence.

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