Explanatory Note
(This note is not part of the Order)
This Order, pursuant to section 90(1) of the Patents Act 1977, declares the countries specified in Schedule 1 to be convention countries for the purposes of section 5 of the Patents Act 1977. Section 5 of that Act affords certain rights of priority to applicants for patents, and this Order provides those rights of priority to applications filed in the countries specified in this Order. In this Order the term “country” includes colonies, protectorates and territories by reason of section 90(3) of that Act.
The majority of the countries specified in the Order have acceded to the International Convention for the Protection of Industrial Property (“the Paris Convention”) (as revised at Stockholm in 1967) (Cmnd. 4431) or the Agreement establishing the World Trade Organisation (including the Agreement on Trade Related aspects of Intellectual Property Rights) (Cm. 2556-59, 2561-69, 2571-74).
With the exception of Andorra, Saudi Arabia, Serbia and Montenegro and the Seychelles all of the specified countries are already considered to be convention countries for the purposes of section 5.
This Order revokes the Patents (Convention Countries) Order 1994 (SI 1994/3220) and the four other Instruments that amended that Order listed in Schedule 2. This Order provides a consolidated list of countries that are convention countries for the purposes of section 5 of the Patents Act 1977.