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Patent Attorney Axel H Horns' Blog on Intellectual Property Law.

 

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Thursday, December 23, 2004

 

Changes to UK Patent Law.

The EXTERNAL LINKUK-PTO has published an EXTERNAL LINKinteresting set of slides explaining EXTERNAL LINKchanges to UK Patent Law as of September 22, 2004, Januar 01, 2005, and also later on. According to the UK-PTO, The Patents Act 2004 makes significant changes to the UK's main statute on patents – the Patents Act 1977. The 2004 Act received Royal Assent on 22 July 2004, although none of its provisions came into force on that date. Instead, the provisions are brought into force by commencement orders, of which there have now been two. Commencement Order No. 1 brought some minor provisions into force on 22 September 2004. Commencement Order No. 2 brings some of the major provisions of the 2004 Act into force on 1 January 2005.

In particular, on Januar 01, 2005, amendments will enter into force with regard to
  • Restrictions on filing abroad
  • Employee compensation
  • Costs and expenses in infringement proceedings Threats
  • Entitlement proceedings remedies
  • Enforcement of damages
  • PCT-related provisions
  • Some minor provisions in Schedule 2
For mid/late 2005 amendments are expected to enter into force concerning:
  • Patent Office opinions
  • Renewal fee payment periods
  • Security for costs
  • Co-ownership
  • Inventor confidentiality
  • Some minor provisions in Schedule 2
It is suggested that in 2007 further amendments will enter into force:
  • EPC 2000 provisions, including:

    • Methods of treatment or diagnosis
    • Limitation and post-grant amendment
    • Prior art effect of EP(UK) applications
    • Automatic designation of states
    • Minor changes in Schedule 1

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