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House of Commons
Session 2003-04
Publications on the internet
Regulatory Reform Committee Publications

Regulatory Reform - Second Report

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Commons to be printed 10 February 2004.


CONTENTS


Terms of Reference

Summary

Outline of the seven separate proposals

The Committee's conclusions

1 Report under Standing Order No. 141

2 Introduction

Expiry of period for Parliamentary consideration

Structure of report

3 Purpose of the proposal

4 Background

The present structure of UK patent law

Taking out a patent: the present formalities

Ceased patents and restoration

Date of filing

Preliminary examination and search

Priority claims

National security

The UK's international obligations

The Patent Law Treaty

The European Patent Convention

Implementation and associated legislative change

The Patents Bill [Lords]

Patents Rules

Transitional provisions and Departmental implementation strategy

5 Extent of the proposal's application

6 Compliance of the proposal with Standing Order No. 141(6) criteria applying to individual provisions

Proposal A: Date of filing

Purpose of the proposal

Proposed change A1: criteria for date of filing

Proposed change A2: filing of missing drawings or parts of the description

Proposed change A3: terminating deficient applications

Proposal B: Application formalities

Purpose of the proposal

Proposed change B1: fees and withdrawals

Proposed change B2: correction of erroneous withdrawals

Proposed change B3: preliminary examination

Proposed change B4: search and substantive examination

Proposal C: Extension of time limits

Purpose of the proposal

Proposal D: Reinstatement of applications

Purpose of the proposal

Removal of a burden

Imposition of new burden: proportionality

Proposal E: Priority claims

Purpose of the proposal

Removal of a burden

Imposition of new burden: proportionality

Proposal F: National security

Purpose of the proposal

Removal or reduction of burdens

New burdens

Imposition of new burdens: proportionality

Effect on necessary protections

Drafting of the proposal

Handling of proposal F

Proposal G: Transactions outside Scotland

Removal of burden

7 Compliance of the proposal with Standing Order No. 141(6) criteria applying to the proposal as a whole

Use of delegated legislation

Adequate consultation

Payment of fees

Elucidation

Fair balance

Costs and benefits

Subordinate provisions

8 Conclusion

List of written evidence

Appendix A

Appendix B

Appendix B, annex 1

Appendix B, annex 2

Appendix C

Appendix D

Appendix E

Appendix F

Appendix G

Appendix H

Appendix I

Appendix J

Appendix J, annex 1

Appendix J, annex 2

Formal minutes

Reports from the Regulatory Reform Committee since 2001



 
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Prepared 17 February 2004