House of Commons - Explanatory Note
Patents Bill [HL] - continued          House of Commons

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     Section 91 - Evidence of conventions and instruments under conventions

     (1) Judicial notice shall be taken of the following, that is to say -

         (a) the European Patent Convention, the Community Patent Convention and the Patent Co-operation Treaty (each of which is hereafter in this section referred to as the relevant convention);

         (b) any bulletin, journal or gazette published under the relevant convention and the register of European or Community patents kept under it patents kept under the European Patent Convention; and

         (c) any decision of, or expression of opinion by, the relevant convention court on any question arising under or in connection with the relevant convention.

     Section 95 - Financial provisions

     (1) There shall be paid out of moneys provided by Parliament any sums required by any Minister of the Crown or government department to meet any financial obligation of the United Kingdom under the European Patent Convention, the Community Patent Convention or the Patent Co-operation Treaty.

     (2) Any sums received by any Minister of the Crown or government department in pursuance of either of those conventions that convention or that treaty shall be paid into the Consolidated Fund.

     Section 103 - Extension of privilege for communications with solicitors relating to patent proceedings

     (2) In this section -

              "legal proceedings" includes proceedings before the comptroller;

    the references to legal proceedings and pending or contemplated proceedings include references to applications for a patent or a European patent and to international applications for a patent; and

    "the relevant conventions" means the European Patent Convention, the Community Patent Convention and the Patent Co-operation Treaty

     Section 105 - Extension of privilege in Scotland for communications relating to patent proceedings

     (2) In this section -

         "patent proceedings" means proceedings under this Act or any of the relevant conventions, before the court, the comptroller or the relevant convention court, whether contested or uncontested and including an application for a patent; and

         "the relevant conventions" means the European Patent Convention, the Community Patent Convention and the Patent Co-operation Treaty.

     Section 107 - Costs and expenses in proceedings before the comptroller

     (4) If any of the following persons, that is to say -

         (a) any person by whom a reference is made to the comptroller under section 8, 12 or 37 above;

         (b) any person by whom an application is made to the comptroller for the revocation of a patent;

         (c) any person by whom notice of opposition is given to the comptroller under section 27(5), 29(2), 47(6) or 52(1) above, or section 117(2) below;

     neither resides nor carries on business in the United Kingdom, the comptroller may require him to give security for the costs or expenses of the proceedings and in default of such security being given may treat the reference, application or notice as abandoned.

     (4) The comptroller may make an order for security for costs or expenses against any party to proceedings before him under this Act if -

         (a) the prescribed conditions are met, and

         (b) he is satisfied that it is just to make the order, having regard to all the circumstances of the case;

     and in default of the required security being given the comptroller may treat the reference, application or notice in question as abandoned.

     Section 117A - Effect of resuscitating applications

     (proposed to be inserted by the proposed draft RRO)

     (7) The above provisions apply in relation to the use of a patented invention for the services of the Crown as they apply in relation to infringement of the rights conferred by publication of the application for a patent (or, as the case may be, infringement of the patent).

     "Patented invention" has the same meaning as in section 55 above.

     Section 120 - Hours of business and excluded days

     (1) Rules may specify The comptroller may give directions specifying the hour at which the Patent Office shall be taken to be closed on any day for purposes of the transaction by the public of business under this Act or of any class of such business, and may specify and the directions may specify days as excluded days for any such purposes.

     (2) Any business done under this Act on any day after the hour so specified in relation to business of that class, or on a day which is an excluded day in relation to business of that class, shall be taken to have been done on the next following day not being an excluded day; and where the time for doing anything under this Act expires on an excluded day that time shall be extended to the next following day not being an excluded day.

     (3) Directions under this section shall be published in the prescribed manner.

     Section 121 - Comptroller's annual report

     Before 1st June 1st December in every year financial year the comptroller shall cause to be laid before both Houses of Parliament a report with respect to the execution of this Act and the discharge of his functions under the European Patent Convention, the Community Patent Convention and the Patent Co-operation Treaty, and every such report shall include an account of all fees, salaries and allowances, and other money received and paid by him under this Act, those conventions that convention and that treaty during the previous year financial year.

     Section 123 - Rules

     (2) Without prejudice to the generality of subsection (1) above, rules may make provision -

         [ paragraphs (a) to (h) are unchanged ]

         (i) giving effect to the right of an inventor of an invention to be mentioned in an application for a patent for the invention;

         (i) giving effect to an inventor's rights to be mentioned conferred by section 13, and providing for an inventor's waiver of any such right to be subject to acceptance by the comptroller;

         [ subsequent paragraphs are unchanged ]

     (2A) The comptroller may set out in directions any forms the use of which is required by rules; and any such directions shall be published in the prescribed manner.

     [ Subsections (3) and (3A) are unchanged ]

     (4) Rules prescribing fees shall not be made except with the consent of the Treasury.

     (5) The remuneration of any adviser appointed under rules to assist the comptroller in any proceeding shall be determined by the Secretary of State with the consent of the Treasury and shall be defrayed out of moneys provided by Parliament.

     Section 130 - Interpretation

     (1) In this Act, except so far as the context otherwise requires -

         [ only those definitions which have been changed are shown ]

         "application for a European patent (UK)" and (subject to subsection (4A) below) "international application for a patent (UK)" each mean an application of the relevant description which, on its date of filing, designates the United Kingdom;

         "Community Patent Convention" means the Convention for the European Patent for the Common Market and "Community patent" means a patent granted under that convention;

         "designate" in relation to an application or a patent, means designate the country or countries (in pursuance of the European Patent Convention or the Patent Co-operation Treaty) in which protection is sought for the invention which is the subject of the application or patent and includes a reference to a country being treated as designated in pursuance of the convention or treaty.

         "relevant convention court", in relation to any proceedings under the European Patent Convention, the Community Patent Convention or the Patent Co-operation Treaty, means that court or other body which under that convention or treaty has jurisdiction over those proceedings, including (where it has such jurisdiction) any department of the European Patent Office;

     [ Subsections (2) to (4) are unchanged ]

     (4A) An international application for a patent is not, by reason of being treated by virtue of the European Patent Convention as an application for a European patent (UK), to be treated also as an international application for a patent (UK).

     [ Subsection (5) is unchanged ]

     (5A) References in this Act to the amendment of a patent or its specification (whether under this Act or by the European Patent Office) include, in particular, limitation of the claims (as interpreted by the description and any drawings referred to in the description or claims).

Section 131 - Northern Ireland

     In the application of this Act to Northern Ireland -

         (a) "enactment" includes an enactment of the Parliament of Northern Ireland and a Measure of the Northern Ireland Assembly;

         (b) any reference to a government department includes a reference to a Department of the Government of Northern Ireland;

         (c) any reference to the Crown includes a reference to the Crown in right of Her Majesty's Government in Northern Ireland;

         (d) any reference to the Companies Act 1985 includes a reference to the corresponding enactments in force in Northern Ireland; and

         (e) [repealed]

         (f) any reference to a claimant includes a reference to a plaintiff.

 
 
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Prepared: 20 April 2004