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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2003 No. 512

PATENTS

The Patents Act 1977 (Electronic Communications) Order 2003

  Made 6th March 2003 
  Laid before Parliament 7th March 2003 
  Coming into force 1st April 2003 

The Secretary of State, in exercise of the powers conferred on her by sections 8 and 9 of the Electronic Communications Act 2000[1], and after consultation with the Council on Tribunals pursuant to section 8(1) of the Tribunals and Inquiries Act 1992[2], hereby makes the following Order - 

Citation and commencement
     1. This Order may be cited as the Patents Act 1977 (Electronic Communications) Order 2003 and shall come into force on 1st April 2003.

Insertion of new Section 124A
    
2. The following section shall be inserted after section 124 of the Patents Act 1977[3] - 

Insertion of new definition
    
3. In section 130(1) of the Patents Act 1977 (interpretation) at the appropriate place there shall be inserted - 


Melanie Johnson
Parliamentary Under-Secretary of State for Competition, Consumers and Markets, Department of Trade and Industry

6th March 2003



EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Patents Act 1977 (the "Patents Act") to facilitate the use of electronic communications with the Patent Office.

Article 2 inserts a new section 124A into the Patents Act. The Comptroller-General of Patents, Designs and Trade Marks ("the comptroller") is given the power to:

     -  direct the form and manner in which a document is delivered to the comptroller where the document is to be delivered in electronic form or using electronic communications;

     -  require a document which is to be delivered in electronic form or using electronic communications to be accompanied by one or more additional documents;

     -  treat a document as not having been delivered if the form and manner of its delivery does not comply with directions;

     -  make directions as to how a fee shall be paid and when the fee shall be deemed to have been paid where a document is delivered using electronic communications and there is a requirement for a fee to accompany the document;

     -  direct that a person delivering a document to the comptroller in electronic form or using electronic communications cannot treat it as having been delivered unless its delivery has been acknowledged;

     -  direct how the time of delivery is to be accorded to a document which is sent to the comptroller in electronic form or using electronic communications.

Directions made by the comptroller may apply generally or to a description of cases or in relation to particular persons, and provision is made for how the directions will be brought to the attention of the persons affected by them. The comptroller may vary or revoke a direction by a subsequent direction. A direction may include incidental, supplementary, saving or transitional provisions.

There is provision for a document to be deemed to be delivered where the comptroller delivers a document using electronic communications.

Article 3 provides that "electronic communication" in the Patents Act is to have the same meaning as in the Electronic Communications Act 2000.

A regulatory impact assessment is available from the Intellectual Property Policy Directorate of the Patent Office, Room 3B38, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ. Copies have also been placed in the libraries of both Houses of Parliament.


Notes:

[1] 2000 c.7.back

[2] 1992 c.53.back

[3] 1977 c.37.back



ISBN 0 11 045398 0


 
© Crown copyright 2003
Prepared 26 March 2003


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