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STATUTORY INSTRUMENTS


2003 No. 513

PATENTS

The Patents (Electronic Communications) (Amendment) Rules 2003

  Made 6th March 2003 
  Laid before Parliament 7th March 2003 
  Coming into force 1st April 2003 

The Secretary of State, in exercise of the powers conferred upon her by sections 14(1), 17(2) and 123 of the Patents Act 1977[1], and after consultation with the Council on Tribunals pursuant to section 8(1) of the Tribunals and Inquiries Act 1992[2], hereby makes the following Rules - 

Citation and commencement
     1. These Rules may be cited as the Patents (Electronic Communications) (Amendment) Rules 2003 and shall come into force on 1st April 2003.

Amendment of the Patents Rules 1995
    
2. The Patents Rules 1995[3] shall be amended as follows.

     3. After paragraph (2) of rule 4 (forms) there shall be inserted - 

     4. After rule 4 there shall be inserted - 

     5. At the end of paragraph (2) of rule 16 (applications for the grant of patents under sections 14 and 15) there shall be inserted - 

     6. After paragraph (3) of rule 18 (drawings) there shall be inserted - 

     7. After paragraph (15) of rule 20 (size and presentation of documents) there shall be inserted - 

     8. After paragraph (1) of rule 31 (formal requirements) there shall be inserted - 

     9. In rule 40 - 

     10. In rule 78 - 

     11. In Schedule 1 (general forms), Patents Form 11/77 is replaced by Patents Form 11/77 in the Schedule to these Rules.

    
12. In Schedule 4 (translations of European Patents (UK) filed under section 77(6)) - 


Melanie Johnson
Parliamentary Under-Secretary of State for Competition, Consumers and Markets, Department of Trade and Industry

6th March 2003



SCHEDULE
Rule 11







EXPLANATORY NOTE

(This note is not part of the Rules)


These Rules amend the Patents Rules 1995 (S.I. 1995/2093 as amended). They refer to directions which may be made by the Comptroller-General of Patents, Designs and Trade Marks ("the comptroller") under section 124A of the Patents Act 1977, which section is inserted into the Patents Act by the Patents Act 1977 (Electronic Communications) Order 2003 (S.I. 2003/512). The main provisions of these Rules are set out below.

In the event that information is delivered to the Patent Office in electronic form or using electronic communications:

     -  Rule 3 provides that a requirement in the rules to use a form does not apply if the comptroller has directed under section 124A that the information may be presented in some other manner;

     -  Rule 4 provides that requirements in the rules for documents to be delivered with a copy or in multiple form do not apply if the requirement is removed or varied by the comptroller in directions;

     -  Rule 5 provides that the order of presentation of material included in the specification contained in an application for a patent required in the rules shall not apply to the extent that it is removed or varied by the comptroller in directions, which directions should then be complied with;

     -  Rules 6, 7 and 12 provide that specified paper-based requirements in the rules for drawings and other documents shall not apply to the extent that they are removed or varied by the comptroller in directions, which directions should then be complied with;

     -  Rule 8 provides that where certain formal requirements for a patent application in the rules do not apply because they have been removed or varied by the comptroller in directions then the formal requirements include the requirements in the directions that replace them.

Rule 9 prescribes how an application to the comptroller for leave to amend the specification of a patent shall be made and how it shall be advertised.

Rule 10 prescribes how a proposal made under section 75 of the Patents Act 1977 to amend the specification of a patent shall be made, if it is advertised then how it shall be advertised, and the timing and manner of raising an opposition to the proposed amendment.

Rule 11 replaces Patents Form 11/77 with a new Form 11/77, which is set out in the Schedule.

A regulatory impact assessment is available from the Intellectual Property Policy Directorate of the Patent Office, Room 3B38, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ. Copies have also been placed in the libraries of both Houses of Parliament.


Notes:

[1] 1977 c.37.back

[2] 1992 c.53.back

[3] S.I. 1995/2093; relevant amending instrument is S.I. 1999/1092.back

[4] Section 124A of the Patents Act 1977 was inserted by the Patents Act (Electronic Communications) Order 2003 (S.I. 2003/512).back



ISBN 0 11 045500 2


 
© Crown copyright 2003
Prepared 1 April 2003


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URL: http://www.bailii.org/uk/legis/num_reg/2003/20030513.html