The Patents (Amendment) (EU Exit) Regulations 2019

55.—(1) Article 8 (content of application for a certificate) is amended as follows.

(2) For paragraph 1(a)(iv), substitute—

“(iv) the number and date of the UK authorisation as referred to in Article 3(b); and

(v) the number and date of the earliest of any EEA authorisation, the granting of which predates the granting of the UK authorisation;”.

(3) For paragraph 1(b) and (c), substitute—

“(b) a copy of the UK authorisation to place the product on the market, as referred to in Article 3(b), in which the product is identified, containing in particular the number and date of the authorisation and the summary of the product characteristics listed in Article 11 of Directive 2001/83/EC, Article 14 of Directive 2001/82/EC, Part 2 to Schedule 8 of the Human Medicines Regulations 2012 or Part 1 of Schedule 1 to the Veterinary Medicines Regulations 2013;

(c) where the product is the subject of one or more EEA authorisations granted prior to the UK authorisation referred to in Article 3(b), the applicant must provide in relation to the earliest of any such EEA authorisations—

(i) information regarding the identity of the product thus authorised;

(ii) information regarding the legal provision under which the authorisation procedure took place; and

(iii) a copy of the notice publishing the authorisation in the appropriate official publication;”.

(4) In paragraph 1(d)—

(a) in paragraph (i), for “Article 36(1) of Regulation (EC) No 1901/2006” substitute “regulation 58A(2)(a) of the Human Medicines Regulations 2012”; and

(b) omit paragraph (ii).

(5) Omit paragraph (4).