The Patents Rules 2007 and Patents (Fees) Rules 2007 – Schedule 5: Transitional provisions – Guidance

News Intellectual property English Guidance

Date: 2nd Jan, 2024 Source: Intellectual Property Office Country: United Kingdom Original Source

Brief

Summary

Schedule 5 of the Patents Rules 2004 outlines transitional provisions for the Patents Act 1977. The schedule covers the application of the new rules to existing patents and applications, as well as specific provisions for patent applications filed before certain dates.

The schedule includes provisions for:

Applications for patents filed before January 7, 1991, which will be governed by modified rules
Applications for patents filed between January 7, 1991, and July 27, 2000, which will be governed by further modified rules
Existing patents and applications, which will continue to be governed by the Patents Rules 1968 and the 1995 Rules

Additionally, the schedule outlines exceptions to the application of certain rules and provides guidance on the interpretation of specific provisions.

Key Points

The schedule applies to existing patents and applications
Applications for patents filed before January 7, 1991, are governed by modified rules
Applications for patents filed between January 7, 1991, and July 27, 2000, are governed by further modified rules
* The 1995 Rules continue to apply to certain sections of the Patents Act 1977.

Schedule 5: Transitional provisions Sections 1 to 12. Transitional provisions Interpretation 1. In this Schedule, the “1995 Rules” means the Patents Rules 1995(a) as they had effect immediately prior to their revocation by these Rules. Periods of time 2. Where, in relation to any proceedings under the Act, a period of time prescribed by the

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