SCHEDULES

F1SCHEDULE 4ASUPPLEMENTARY PROTECTION CERTIFICATES

Annotations:
Amendments (Textual)

1References to patents etc

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references to a patent having expired or having been revoked are to a supplementary protection certificate having lapsed or having been declared invalid;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