The Patents Act 2004 (Commencement No. 3 and Transitional Provisions) Order 2005

• Citation: S.I. 2005/2471
• Sections: 4

Section 1 Citation, commencement and interpretation of this Order

(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 1977 ;

“the 2004 Act ” means the Patents Act 2004;

“the appointed day” means the day appointed by article 2.

Section 2 Commencement of the 2004 Act

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.

Section 3 Transitional provisions

(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 1995 as it stands immediately before the appointed day.

Section 4 Transitional provisions

Section 15 of the 2004 Act shall apply in respect of proceedings commenced on or after the appointed day.