The Legislative Reform (Patents) Order 2014

JurisdictionUK Non-devolved
CitationSI 2014/1997

2014No. 1997

PATENTS

The Legislative Reform (Patents) Order 2014

25thJuly2014

1stOctober2014

The Secretary of State for Business, Innovation and Skills ("the Secretary of State") makes the following Order, in exercise of the powers conferred by section 1 of the Legislative and Regulatory Reform Act 2006( 1) ("the 2006 Act").

For the purposes of section 3(1) of the 2006 Act, the Secretary of State considers that the conditions under section 3(2), where relevant, are satisfied.

The Secretary of State has consulted in accordance with section 13(1) of the 2006 Act.

The Secretary of State laid a draft Order and an explanatory document before Parliament in accordance with section 14(1) of the 2006 Act.

Pursuant to section 15 of the 2006 Act, the affirmative resolution procedure (within the meaning of Part 1 of that Act) applies in relation to the making of the Order.

In accordance with section 17(2) of the 2006 Act, the draft has been approved by resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.

Citation, commencement and extent

1. (1) This Order may be cited as the Legislative Reform (Patents) Order 2014.

(2) This Order comes into force on 1st October 2014.

(3) This Order extends to the whole of the United Kingdom.

(4) The amendments made by Article 2 extend to the Isle of Man.

Amendments of the Patents Act 1977

2. In section 60 of the Patents Act 1977( 2) (meaning of infringement), after subsection (6C) insert-

"(6D) For the purposes of subsection (5)(b), anything done in or for the purposes of a medicinal product assessment which would otherwise constitute an infringement of a patent for an invention is to be regarded as done for experimental purposes relating to the subject-matter of the invention.(6E) In subsection (6D), "medicinal product assessment" means any testing, course of testing or other activity undertaken with a view to providing data for any of the following purposes-(a) obtaining or varying an authorisation to sell or supply, or offer to sell or supply, a medicinal product (whether in the United Kingdom or elsewhere);(b) complying with any regulatory requirement imposed (whether in the United Kingdom or elsewhere) in relation to such an authorisation;(c) enabling a government or public authority (whether in the United Kingdom or elsewhere), or a person (whether in the United Kingdom or elsewhere) with functions of-(i) providing health care on...

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