NIPC Law

Jane Lambert In  Implementing the Unitary Patent in the UK   22 Feb 2016 I discussed the consultation on the implementation of the Unified Patent Court Agreement  in the legal systems of the United Kingdom. The consultation document, which was entitled  Technical Review and Call for Evidence on Secondary Legislation Implementing the Agreement on a Unified Patent Court and EU Regulations Establishing the Unitary Patent , contained a draft statutory instrument upon which the public's views were canvassed. I discussed the responses to that consultation and the government's reply. The government has now published a draft statutory instrument known as  The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016  which will come into effect on the date of entry into force of the Agreement on a Unified Patent Court. The Draft Order The draft order consists of three articles: Art 1  concerns citation, the ent...

As I indicated in  How the Intellectual Property Act 2014 changes British Patent Law   JD Supra 21 June 2014 s.16 of the Intellectual Property Act 2014 amends s.74A and s.74B of the Patents Act 1977 and inserts three new subsections into s.73. The upshot as explained in paragraph 4  and paragraph 5  of the IPO's guide Expansion of the Patent Opinions Service: business guidance is that the range of questions upon which an examiner's opinion can be obtained has been expanded and the Comptroller now has power to revoke patents which are found to be invalid. Where to find the Law The Patents Act 1977 has now been amended by art 3 and the Schedule  to The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014 (SI 2014 No 2330) (see Jane Lambert  The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014   6 Sept 2014) and corresponding changes to the Paten...