The Patents (Amendment) Rules 2001

Made: 9th April 2001

Laid before Parliament: 9th April 2001

Coming into force: 6th July 2001

The Secretary of State, in exercise of the powers conferred upon him by sections 123 and 125A of the Patents Act 1977, after consultation with the Council on Tribunals pursuant to section 8(1) of the Tribunals and Inquiries Act 1992, hereby makes the following Rules:—

Citation and Commencement

1

These Rules may be cited as the Patents (Amendment) Rules 2001 and shall come into force on 6th July 2001.

Amendment of the Patents Rules 1995

2

The Patents Rules 1995 are amended as set out in rules 3 to 8.

3

In rule 17 —

• (a) in the heading, for “Micro-organisms” substitute “ Biological material ”;

• (b) in the rule, for “require for their performance the use of micro-organisms” substitute “ involve the use of or concern biological material ”.

4

In rule 26(1)(b), after “paragraph 1(2)(a)(ii)” insert “ , 1(2)(a)(iii) ”.

5

In rule 85(2), for “subparagraph (2)(a)(ii)” substitute “ subparagraphs (2)(a)(ii) and (iii) ”.

6

In rule 110(2), for “paragraph 4(2) of Schedule 2” substitute “ paragraphs 5(2) and 5(4) of Schedule 2 ”.

7

Patents Forms 8/77 and 8A/77 in Schedule 1 are replaced by Patents Forms 8/77 and 8A/77 in Schedule 1 to these Rules.

8

Schedule 2 is replaced by the provisions of Schedule 2 to these Rules.

SCHEDULE 1

SCHEDULE 2

Signed

Kim Howells — Parliamentary Under Secretary of State for Competition and Consumer Affairs — Department of Trade and Industry — 9th April 2001

Explanatory note

(This note is not part of the Rules)

aRules 3, 4, 5 and 6 make consequential changes to references and terminology in the 1995 Rules,

bRule 7 substitutes updated versions of forms 8/77 and 8A/77 for those forms currently in Schedule 1 to the 1995 Rules,

cRule 8 substitutes a new Schedule 2 to the 1995 Rules.Schedule 2 to the 1995 Rules contains detailed provisions dealing with the deposit, access and re-deposit of biological material.

Footnotes

[^f00001]: 1977 c. 37.

[^f00002]: 1992 c. 53.

[^f00003]: S.I. 1995/2093 as amended by S.I. 1999/1092, S.I. 1999/1899 and S.I. 1999/3197.

[^f00004]: S.I. 1982/717, to which there are no relevant amendments.

[^f00005]: S.I. 1990/2384, to which there are no relevant amendments.

Editorial notes

[^c15555301]: 1977 c. 37.

[^c15555311]: 1992 c. 53.

[^c15555321]: S.I. 1995/2093 as amended by S.I. 1999/1092, S.I. 1999/1899 and S.I. 1999/3197.

[^c15555371]: S.I. 1982/717, to which there are no relevant amendments.

[^c15555381]: S.I. 1990/2384, to which there are no relevant amendments.