The Patents Rules 2007

Patent applications filed before 7th January 1991

7.—(1) This paragraph applies to an application for a patent filed before 7th January 1991(1) and to a patent granted in pursuance of such application.

(2) Schedule 1 has effect with the following modifications.

(3) In paragraph 2, for the words “involves the use of or concerns biological material” substitute the words “requires for its performance the use of a micro-organism”.

(4) In paragraph 5(3)(b), insert at the beginning the words “in the case of an undertaking given in accordance with paragraph 1(a),” and insert at the end the word “or” followed by:

“(c) in the case of an undertaking given in accordance with paragraph (1)(b), when the patent is granted.”.

(5) Any reference to “biological material”—

(a) in paragraphs 3(1)(a), 4, 5 and 8 is a reference to “culture of the micro-organism”; and

(b) other than in those provisions, is a reference to “micro-organism”.

(6) For the purposes of paragraph 3(2) the relevant period is the period of two months beginning with the date of filing of the application for a patent.

(7) The following provisions do not have effect—

• paragraph 3(3) (defining relevant period);

• paragraph 6 (restriction of availability of biological material to experts);

• paragraph 7 (request for sample to be made available to expert).

(1)

The date that section 125A of the Patents Act 1977 came into effect (see paragraph 30 of Schedule 5 to the Copyright, Designs and Patents Act 1988 (c. 48)) and SI 1990/2168.