The Patents Act 2004 (Commencement No. 1 and Consequential and Transitional Provisions) Order 2004

• Citation: S.I. 2004/2177
• Sections: 8

Section 1 Citation, commencement and interpretation of this Order

(1) This Order may be cited as the Patents Act 2004 (Commencement No. 1 and Consequential and Transitional Provisions) Order 2004, and shall come into force on 22nd September 2004.

(2) In this Order—

“the 1977 Act ” means the Patents Act 1977 ;

“the 2004 Act ” means the Patents Act 2004;

“ the Rules ” means the Patents Rules 1995 .

Section 2 Commencement of the 2004 Act

22nd September 2004 is the day appointed for the purposes of the coming into force of the following provisions of the 2004 Act—

paragraph 24 of Schedule 2;

paragraph 26 of Schedule 2 (except for paragraph 26(2)); and

section 16(1) and (2) (for the purposes of the above provisions of Schedule 2 and the corresponding repeals in Schedule 3).

Section 3 Consequential provisions

The Rules are amended as follows.

Section 4 Consequential provisions

(1) In rule 4 (forms), for paragraphs (1) and (2) there is substituted—

(1) The forms of which the use is required by these Rules are those set out in directions under section 123(2A) (but this is without prejudice to rule 121(1)).

(2) Such a requirement to use a form is satisfied by the use of—

(a) a form which is a replica of the form set out in such directions; or

(b) a form which is acceptable to the comptroller and contains the information required by the form as so set out.

(2A) Such directions shall be published in accordance with rule 115(2).

(2) What is now rule 115 (the Journal) becomes paragraph (1) of rule 115 and after that paragraph there is inserted—

(2) The comptroller shall publish in the Journal any directions he gives under section 120(1) or 123(2A).

Section 5 Consequential provisions

The following provisions are omitted—

rule 3(d);

rule 98;

rule 99;

Schedule 1.

Section 6 Transitional provisions

(1) This article applies on the coming into force, in accordance with article 2, of the amendments to section 120 of the 1977 Act (and references to section 120 are to that section 120 as so amended).

(2) The comptroller shall be deemed to have given directions under section 120(1) (and to have published them in the prescribed manner) specifying the hours specified in rule 98 of the Rules (immediately before it was revoked by article 5) as the hours at which time the Patent Office is taken to be closed for the purposes of the transaction by the public of the business specified therein.

(3) The comptroller shall be deemed to have given directions under section 120(1) (and to have published them in the prescribed manner) specifying the days specified in rule 99 of the Rules (immediately before it was revoked by article 5) as excluded days for the purposes of the transaction by the public of the business specified therein.

Section 7 Transitional provisions

(1) This article applies on the coming into force, in accordance with article 2, of the amendments to section 123 of the 1977 Act.

(2) The comptroller shall be deemed to have set out, in directions under section 123(2A) of that Act, those forms set out in Schedule 1 to the Rules (immediately before it was revoked by article 5) as the forms of which the use is required by the Rules (and to have published the directions in the prescribed manner).

Section 8 Transitional provisions

The directions deemed to have been given, in accordance with article 6 or 7, shall continue in effect until they are revoked by directions given under section 120(1) or 123(2A) of the 1977 Act.