The Patents Rules 2007

Patent applications filed before 7th January 1991 U.K.

7.—(1) This paragraph applies to an application for a patent filed before 7th January 1991 M1 and to a patent granted in pursuance of such application.

(2) Schedule 1 has effect with the following modifications.

(3) In paragraph 2, for the words “involves the use of or concerns biological material” substitute the words “ requires for its performance the use of a micro-organism ”.

(4) In paragraph 5(3)(b), insert at the beginning the words “ in the case of an undertaking given in accordance with paragraph 1(a), ” and insert at the end the word “ or ” followed by:

“(c) in the case of an undertaking given in accordance with paragraph (1)(b), when the patent is granted.”.

(5) Any reference to “biological material”—

(a) in paragraphs 3(1)(a), 4, 5 and 8 is a reference to “culture of the micro-organism”; and

(b) other than in those provisions, is a reference to “micro-organism”.

(6) For the purposes of paragraph 3(2) the relevant period is the period of two months beginning with the date of filing of the application for a patent.

(7) The following provisions do not have effect—

• paragraph 3(3) (defining relevant period);

• paragraph 6 (restriction of availability of biological material to experts);

• paragraph 7 (request for sample to be made available to expert).

Marginal Citations

M1 The date that section 125A of the Patents Act 1977 came into effect (see paragraph 30 of Schedule 5 to the Copyright, Designs and Patents Act 1988 (c. 48)) and SI 1990/2168.