2005 No. 2471 (C.105)
The Patents Act 2004 (Commencement No. 3 and Transitional Provisions) Order 2005
Made
Coming into force
The Secretary of State makes the following Order in exercise of the powers conferred upon him by section 17 of the Patents Act 20041:
Citation, commencement and interpretation of this Order1
1
This Order may be cited as the Patents Act 2004 (Commencement No. 3 and Transitional Provisions) Order 2005 and shall come into force on 1st October 2005.
2
In this Order—
“the 1977 Act” means the Patents Act 19772;
“the 2004 Act” means the Patents Act 2004;
“the appointed day” means the day appointed by article 2.
Commencement of the 2004 Act2
1st October 2005 is the day appointed for the coming into force of the following provisions of the 2004 Act—
a
section 8;
b
section 9;
c
section 13;
d
section 15;
e
section 16(1) (for the purposes of the provisions of Schedule 2 mentioned below);
f
section 16(2) (for the purpose of the entry in Schedule 3 relating to the repeal made by paragraph 18 of Schedule 2);
g
paragraphs 6, 9, 15, 18 and 26(2) of Schedule 2.
Transitional provisions
3
1
Where the prescribed period in respect of a patent expires on or after the appointed day, section 25(3) of the 1977 Act as amended by section 8(1) of the 2004 Act shall have effect in respect of that patent.
2
Where, in respect of a patent—
a
the renewal fee is not paid by the end of the prescribed period, and
b
that period expires before the appointed day, but
c
the period of six months immediately following the end of the prescribed period does not expire before the appointed day,
the provisions mentioned in paragraph (3) shall have effect in respect of that patent.
3
Those provisions are—
a
section 25(4) of the 1977 Act as amended by section 8(2) of the 2004 Act;
b
section 28(3) of the 1977 Act as amended by section 8(3) of the 2004 Act.
4
In this article, “prescribed period” means the period prescribed by rule 39 of the Patents Rules 19953 as it stands immediately before the appointed day.
4
Section 15 of the 2004 Act shall apply in respect of proceedings commenced on or after the appointed day.
(This note is not part of the Order)
(This note is not part of the Order)
The provisions of the Patents Act 2004 which are set out in the table below have been brought into force before the date of this Order by the Patents Act (Commencement No. 1 and Consequential and Transitional Provisions) Order 2004 (SI 2004/2177 (C. 94)) and the Patents Act (Commencement No. 2 and Consequential, etc. and Transitional Provisions) Order 2004 (SI 2004/ 3205 (C. 140) .
Provision | Date of Commencement | S.I.No. |
---|---|---|
Sections 6, 7, 10, 11, 12 and 14. | 1st January 2005 | |
Section 16(2) (for the purposes of the entries in Schedule 3 relating to the provisions brought into force by SI2004/2177). | 22nd September 2004 | |
Section 16(2) (for the purposes of the entries in Schedule 3 relating to provisions brought into force by SI2004/3205 and to the amendment of section 106 of the 1977 Act). | 1st January 2005 | |
Section 16(3). | 1st January 2005 | |
Paragraphs 1, 6, 7 and 8, and paragraph 9(1), (2)(a) and (3), of Schedule 1 (and section 5 for the purposes of those provisions). | 1st January 2005 | |
Paragraph 9(2)(b) of Schedule 1 (for the purposes of the Patent Co-operation Treaty), and section 5 for the purpose of that provision. | 1st January 2005 | |
Paragraphs 1, 5, 8, 10 to 14, 16, 17, 19, 20 to 22, 25, 27 and 28 of Schedule 2 (and section 16(1) for the purposes of those provisions). | 1st January 2005 | |
Paragraph 24 and paragraph 26 of Schedule 2 (except for paragraph 26(2)), and section 16(1) for the purposes of those provisions | 22nd September 2004 |
In addition, paragraphs 7 and 23 of Schedule 2 came into force (pursuant to section 17(2) of the Patents Act 2004) with the commencement of the Regulatory Reform (Patents) Order 2004 (SI 2004/2357) on 1st January 2005.
A regulatory impact assessment has not been prepared for this instrument. A regulatory impact assessment for the Patents Bill was placed in the libraries of both Houses of Parliament, and is also available from the Patent Office, Intellectual Property and Innovation Directorate, Concept House, Newport, South Wales, NP10 8QQ.