Citation and interpretation of this Order

1.—(1) This Order may be cited as the Patents Act 2004 (Commencement No. 4 and Transitional Provisions) Order 2007.

(2) In this Order “the 2004 Act” means the Patents Act 2004.

Commencement of the 2004 Act

2.  13th December 2007 is the day appointed for the coming into force of the following provisions of the 2004 Act—

(a)section 1;

(b)section 2(1);

(c)section 2(2);

(d)section 2(5);

(e)section 3;

(f)section 4;

(g)section 5 (for the purposes of the provisions mentioned in paragraphs (j) and (k) below);

(h)section 16(1) (for the purposes of the provisions mentioned in paragraph (l) below);

(i)section 16(2) (for the purposes of the entries in Schedule 3 relating to provisions brought into force by this article);

(j)paragraphs 2, 3, 4, 5 and 9(4) of Schedule 1;

(k)paragraph 9(2)(b) of Schedule 1 (for the purposes of the European Patent Convention); and

(l)paragraphs 2, 3 and 4 of Schedule 2.

Transitional provision

3.  Provision made by section 78(5A) of the Patents Act 1977(2) prior to the commencement, in accordance with article 2(j), of paragraph 3(2) of Schedule 1 to the 2004 Act shall continue to apply to any application for a European patent (UK) filed before the day appointed by article 2.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force, on 13th December 2007, those provisions of the Patents Act 2004, which are not already in force. The provisions brought into force amend the Patents Act 1977 (c.37) (“the 1977 Act”).

Article 2 brings into force section 1 and paragraphs 2, 3 and 4 of Schedule 2 (methods of treatment or diagnosis), sections 2(1), 2(2), and 2(5) and paragraph 9(4) of Schedule 1 (amendment of patents after grant), section 3 (relief for partially valid patent), section 4 (revocation of patents), section 5 and paragraphs 2, 3, 4, 5 and, for the purposes of the European Patent Convention, 9(2)(b) of Schedule 1 (amendments relating to international obligations), section 16(1) (minor and consequential amendments) for the purposes of the provisions mentioned in article 2(l) and section 16(2) (repeals) for the purposes of those Schedule 3 entries relating to provisions brought into force by article 2.

Article 3 makes transitional arrangements the effect of which is that, for the purposes of section 2(3) of the 1977 Act, matter contained in an application for a European Patent (UK) will inevitably become part of the state of the art as regards other inventions only if that application was filed on or after 13th December 2007.

An impact assessment has not been prepared for this instrument. An impact assessment for the Patents Bill was placed in the libraries of both Houses of Parliament, and is also available from the Patent Office, Patents Legal Section, Concept House, Newport, South Wales, NP10 8QQ.