Patents Act 1977

References to patents etc U.K.

[F1 1. (1) In the application to supplementary protection certificates of the provisions of this Act listed in sub-paragraph (2)—

(a) references to a patent are to a supplementary protection certificate;

(b) references to an application or the applicant for a patent are to an application or the applicant—

(i) for a supplementary protection certificate, or

(ii) for an extension of the duration of a supplementary protection certificate;

(c) references to the proprietor of a patent are to the holder of a supplementary protection certificate;

(d) references to the specification of a patent are to the text of a supplementary protection certificate;

(e) references to a patented product or an invention (including a patented invention) are to a product for which a supplementary protection certificate has effect;

(f) references to a patent having expired or having been revoked are to a supplementary protection certificate having lapsed or having been declared invalid;

(g) references to proceedings for the revocation of a patent are to proceedings—

(i) for a decision that a supplementary protection certificate has lapsed, or

(ii) for a declaration that a supplementary protection certificate is invalid;

(h) references to the issue of the validity of a patent include the issue of whether a supplementary protection certificate has lapsed or is invalid.

(2) The provisions referred to in sub-paragraph (1) are—

• section 14(1), (9) and (10) (making of application);

• section 19(1) (general power to amend application before grant);

• sections 20A and 20B (reinstatement of applications);

• section 21 (observations by third party on patentability);

• section 27 (general power to amend specification after grant);

• section 29 (surrender of patents);

• sections 30 to 36, 37(1) to (3) and (5) to (9) and 38 (property in patents and applications, and registration);

• sections 39 to 59 (employees’ inventions, licences of right and compulsory licences and use of patented inventions for services of the Crown);

• sections 60 to 71 (infringement);

• section 74(1) and (7) (proceedings in which validity of patent may be put in issue);

• [F2 sections 74A and 74B (opinions by the Patent Office);]

• section 75 (amendment of patent in infringement or revocation proceedings);

• sections 103 and 105 (privilege for communications relating to patent proceedings);

• section 108 (licences granted by order of comptroller);

• sections 110 and 111 (unauthorised claim of patent rights or that patent has been applied for);

• section 116 (immunity of department as regards official acts);

• sections 117 to 118 (administrative provisions);

• section 123 (rules);

• section 130 (interpretation).]

Textual Amendments

F1 Sch. 4A inserted (17.12.2007) by The Patents (Compulsory Licensing and Supplementary Protection Certificates) Regulations 2007 (S.I. 2007/3293), regs. 1(2), 2(3)

F2 Words in Sch. 4A para. 1(2) inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 16(3), 24(1); S.I. 2014/2330, art. 3, Sch.