The Patents Act 2004 (Commencement No. 3 and Transitional Provisions) Order 2005

Article 2 of this Order brings into force, on 1st October 2005, a number of provisions of the Patents Act 2004 (c. 16), all of which make amendments to the Patents Act 1977 (c. 37) (“the 1977 Act”). The Order also makes appropriate transitional provision. Changes to the Patents Rules 1995 (SI 1995/2093) and the Patents (Fees) Rules 1998 (SI 1998/1778) which are related to the commencement of those provisions are made by the Patents (Amendment) Rules 2005 (SI 2005/ ), which also come into force on 1st October 2005.

Section 8 is brought into force, enabling both a period to be prescribed for the payment of a patent renewal fee and a date to be prescribed for the expiry of the patent for non-payment of the fee. As a result, the period prescribed for payment may end on a different date from that on which the patent expires (see rules 39 to 39B of the Patents Rules 1995 as substituted by rule 6 of the Patents (Amendment) Rules 2005). Section 8 also enables the period of grace for late payment of the fee to end at the end of the relevant month. The minor clarificatory amendment made by paragraph 15 of Schedule 2 is also brought into force.

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