3(1)Section 17 of the Patents Act 1977 (preliminary examination and search) is amended as follows.U.K.
(2)In subsection (7) (supplementary searches) for “subsection (4) above” substitute “subsections (4) and (5) above” and for “it applies” substitute “they apply”.
(3)After that subsection add—
“(8)A reference for a supplementary search in consequence of—
(a)an amendment of the application made by the applicant under section 18(3) or 19(1) below, or
(b)a correction of the application, or of a document filed in connection with the application, under section 117 below,
shall be made only on payment of the prescribed fee, unless the comptroller directs otherwise.”.
4U.K.In section 18 of the Patents Act 1977 (substantive examination and grant or refusal of patent), after subsection (1) insert—
“(1A)If the examiner forms the view that a supplementary search under section 17 above is required for which a fee is payable, he shall inform the comptroller, who may decide that the substantive examination should not proceed until the fee is paid; and if he so decides, then unless within such period as he may allow—
(a)the fee is paid, or
(b)the application is amended so as to render the supplementary search unnecessary,
he may refuse the application.”.
5U.K.In section 130(1) of the Patents Act 1977 (interpretation), in the definition of “search fee”, for “section 17 above” substitute “section 17(1) above”.