The Patents Act 2004 (Commencement No. 2 and Consequential, etc. and Transitional Provisions) Order 2004

Citation, commencement and interpretation of this Order

1.—(1) This Order may be cited as the Patents Act 2004 (Commencement No. 2 and Consequential, etc. and Transitional Provisions) Order 2004, and shall come into force on 1st January 2005.

(2) In this Order—

“the 1977 Act” means the Patents Act 1977(1);

“the 2004 Act” means the Patents Act 2004;

“the appointed day” means the day appointed by article 2;

“the Rules” means the Patents Rules 1995(2).

(1)

1977 c. 37. Sections 8, 11, 12, 22, 23, 38, 40, 41, 43, 53, 60, 61, 63, 70, 75, 89, 89B, 91, 95, 103, 105, 106, 121, 130 and 131 are amended, and sections 86 and 87 repealed, by the provisions of the Patents Act 2004 which are brought into force by article 2 of this Order. Section 40 was previously amended by paragraph 9 of Schedule 2 to the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52); section 43 by paragraph 11(2) of Schedule 5 to the Copyright, Designs and Patents Act 1988 (c. 48); section 53 by paragraph 15 of Schedule 5 to that Act, by paragraph 8(1) and (4) of Schedule 25 to the Enterprise Act 2002 (c. 22) and by SI 1999/506; section 60 by paragraph 8(a) of Schedule 5 to the Copyright, Designs and Patents Act 1988, Schedule 15 to the Civil Aviation Act 1982 and by SI 1999/1899 and 2000/2037; section 105 by paragraph 21 of Schedule 7, and Schedule 8, to the Copyright, Designs and Patents Act 1988; section 130 (definition of “court”) by paragraph 23 of Schedule 7 to that Act, and (definition of “employee”) by section 22 of the Armed Forces Act 1981 (c. 55); and section 131 by Schedule 2 to the Companies Consolidation (Consequential Provisions) Act 1985 (c. 9) and by Schedule 4 to the Arbitration Act 1996 (c. 23). Sections 89 and 89B were substituted by paragraph 25 of Schedule 5 to the Copyright, Designs and Patents Act 1988. Sections 22 and 23 were modified in their effect by section 32(2) of the Magistrates' Courts Act 1980 (c. 43); section 103 by SI 1991/2684; and section 121 by article 6 of SI 1991/1796 (revoked by section 16(3) of the Patents Act 2004, which is brought into force by article 2(h) of this Order). References to the Interpretation Act 1889 in section 41(7) and to the Income and Corporation Taxes Act 1970 in section 43(8) are now to be construed as references, respectively, to the corresponding provisions of the Interpretation Act 1978 (c. 30) and the Income and Corporation Taxes Act 1988 (c. 1).

(2)

SI 1995/2093, to which amendments relevant to this Order have been made by SI 1999/3197.