1949 Act — the Patents Act 1949 Section 130(1)

Agreement on a Unified Patent Court — the Agreement on a Unified Patent Court signed at Brussels on 19th February 2013 Section 130(1)

an actionable threat — a threat of infringement proceedings that is actionable in accordance with this section Section 70A(6)

application fee — the fee prescribed for the purposes of section 14(1A) above; “application for a European patent (UK)” and (subject to subsection (4A) below) “international application for a patent (UK)” each mean an application of the relevant description which, on its date of filing, designates the United Kingdom; “appointed day”, in any provision of this Act, means the day appointed under section 132 below for the coming into operation of that provision Section 130(1)

Article 32(1) action — an action listed in Article 32(1) of the Agreement on a Unified Patent Court; “basic patent” has the same meaning as in Article 1(c) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6th May 2009 concerning the supplementary protection certificate for medicinal products; and “Rules of Procedure” has the same meaning as in the Agreement on a Unified Patent Court Schedule A4, paragraph 5

basic patent — borrowed from another act; this instrument states no meaning of its own Schedule A4, paragraph 5

benefit — benefit in money or money’s worth Section 43(7)

biological material — any material containing genetic information and capable of reproducing itself or being reproduced in a biological system Section 130(1)

biotechnological invention — an invention which concerns a product consisting of or containing biological material or a process by means of which biological material is produced, processed or used; .. Section 130(1)

certified extract — a copy and extract certified by the comptroller and sealed with the seal of the Patent Office. In this Act, except so far as the context otherwise requires— and cognate expressions shall be construed accordingly. “register”, as a noun, means the register of patents; “register”, as a verb, means, in relation to any thing, to register or register particulars, or enter notice, of that thing in the register and, in relation to a person, means to enter his name in the register Section 32

comptroller — the Comptroller-General of Patents, Designs and Trade Marks Section 130(1)

compulsory pharmaceutical licence — a compulsory licence granted under Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems (referred to in this Act as “the Compulsory Licensing Regulation”) Section 128A(1)

convention institution — an institution established by or having functions under the relevant convention; “relevant convention court” does not include a court of the United Kingdom or of any other country which is a party to the relevant convention but does include the Unified Patent Court; and “legal proceedings”, in relation to the United Kingdom, includes proceedings before the comptroller Section 91(6)

Convention on International Exhibitions — the Convention relating to International Exhibitions signed in Paris on 22nd November 1928, as amended or supplemented by any protocol to that convention which is for the time being in force Section 130(1)

court — as respects England and Wales, the High Court; as respects Scotland, the Court of Session; as respects Northern Ireland, the High Court in Northern Ireland; or the Unified Patent Court, as respects the jurisdiction which it has by virtue of Schedule A4 Section 130(1)

Crown employee — a person employed under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by any enactment or a person serving in the naval, military or air forces of the Crown Section 42(4)

date of filing — — in relation to an application for a patent made under this Act, the date which is the date of filing that application by virtue of section 15 above; and in relation to any other application, the date which, under the law of the country where the application was made or in accordance with the terms of a treaty or convention to which that country is a party, is to be treated as the date of filing that application or is equivalent to the date of filing an application in that country (whatever the outcome of the application); “designate” in relation to an application or a patent, means designate the country or countries (in pursuance of the European Patent Convention or the Patent Co-operation Treaty) in which protection is sought for the invention which is the subject of the application or patent and includes a reference to a country being treated as designated in pursuance of the convention or treaty; “electronic communication” has the same meaning as in the Electronic Communications Act 2000 Section 130(1)

Directive 2001/82/EC — Directive 2001/82/EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products as amended by Directive 2004/28/EC of the European Parliament and of the Council Section 60(7)

Directive 2001/83/EC — Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use, as amended by Directive 2002/98/EC of the European Parliament and of the Council, by Commission Directive 2003/63/EC and by Directives 2004/24/EC and 2004/27/EC of the European Parliament and of the Council Section 60(7)

employee — a person who works or (where the employment has ceased) worked under a contract of employment or in employment under or for the purposes of a government department or a person who serves (or served) in the naval, military or air forces of the Crown; “employer”, in relation to an employee, means the person by whom the employee is or was employed Section 130(1)

employer-employee question — any such question between an employer and an employee, or their successors in title, arising out of an application for a European patent for an invention made by the employee Section 82(3)

enforcing court — — as respects England and Wales, the High Court, as respects Scotland, the Court of Session, and as respects Northern Ireland, the High Court in Northern Ireland Schedule A4, paragraph 4(3)

essentially biological process — a process for the production of animals and plants which consists entirely of natural phenomena such as crossing and selection Schedule A2, paragraph 11

European patent — a patent granted under that convention Section 130(1)

European patent (UK) — a European patent designating the United Kingdom Section 130(1)

European Patent Bulletin — the bulletin of that name published under that convention Section 130(1)

European Patent Convention — the Convention on the Grant of European Patents Section 130(1)

European Patent Office — the office of that name established by that convention; “European patent with unitary effect” has the same meaning as in Article 2 of the Unitary Patent Regulation Section 130(1)

exclusive licence — a licence from the proprietor of or applicant for a patent conferring on the licensee, or on him and persons authorised by him, to the exclusion of all other persons (including the proprietor or applicant), any right in respect of the invention to which the patent or application relates, and “exclusive licensee” and “non-exclusive licence” shall be construed accordingly; .. Section 130(1)

exempted aircraft — an aircraft to which section 89 of the Civil Aviation Act 1982 (aircraft exempted from seizure in respect of patent claims) applies Section 60(7)

existing application — an application mentioned in subsection (2)(b) above, and expressions used in the 1949 Act and those Schedules have the same meanings in those Schedules as in that Act Section 127(7)

existing patent — a patent mentioned in subsection (2)(a) and (c) above Section 127(7)

farmer’s own holding — any land which a farmer actually exploits for plant growing, whether as his property or otherwise managed under his own responsibility and on his own account Schedule A1, paragraph 1

formal requirements — those requirements designated as such by rules made for the purposes of section 15A above Section 130(1)

international application for a patent — an application made under the Patent Co-operation Treaty Section 130(1)

International Bureau — the secretariat of the World Intellectual Property Organization established by a convention signed at Stockholm on 14th July 1967 Section 130(1)

international exhibition — an official or officially recognised international exhibition falling within the terms of the Convention on International Exhibitions or falling within the terms of any subsequent treaty or convention replacing that convention; “inventor” has the meaning assigned to it by section 7 above; “journal” has the meaning assigned to it by section 123(6) above; “mortgage”, when used as a noun, includes a charge for securing money or money’s worth and, when used as a verb, shall be construed accordingly Section 130(1)

mediation settlement — a settlement reached through mediation using the facilities of the patent mediation and arbitration centre established under Article 35 of the Agreement on a Unified Patent Court Schedule A4, paragraph 4(3)

medicinal product — a medicinal product for human use or a veterinary medicinal product; “medicinal product for human use” has the meaning given by article 1 of Directive 2001/83/EC; “veterinary medicinal product” has the meaning given by article 1 of Directive 2001/82/EC Section 60(6F)

medicinal product assessment — any testing, course of testing or other activity undertaken with a view to providing data for any of the following purposes— 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); complying with any regulatory requirement imposed (whether in the United Kingdom or elsewhere) in relation to such an authorisation; 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— to carry out an assessment of suitability of a medicinal product for human use for the purpose of determining whether to use it, or recommend its use, in the provision of health care. providing health care on behalf of such a government or public authority, or providing advice to, or on behalf of, such a government or public authority about the provision of health care Section 60(6E)

medicinal product for human use — borrowed from another act; this instrument states no meaning of its own Section 60(6F)

microbiological process — any process involving or performed upon or resulting in microbiological material Schedule A2, paragraph 11

new existing patent — any existing patent not falling within paragraph (a) above; and any reference to the date of a patent shall, in relation to a patent of addition, be construed as a reference to the date of the patent for the main invention Schedule 1, paragraph 3(1)

old existing patent — an existing patent the date of which fell eleven years or more before the appointed day and also any patent of addition where the patent for the main invention is, or was at any time, an old existing patent by virtue of the foregoing provision Schedule 1, paragraph 3(1)

patent — a patent under this Act; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 130(1)

Patent Co-operation Treaty — the treaty of that name signed at Washington on 19th June 1970 Section 130(1)

patent proceedings — proceedings under this Act or any of the relevant conventions, before the court, the comptroller or the relevant convention court, whether contested or uncontested and including an application for a patent Section 105(2)

patented invention — an invention for which a patent is granted and “patented process” shall be construed accordingly Section 130(1)

patented product — a product which is a patented invention or, in relation to a patented process, a product obtained directly by means of the process or to which the process has been applied; “prescribed” and “rules” have the meanings assigned to them by section 123 above Section 130(1)

period of emergency — any period beginning with such date as may be declared by Order in Council to be the commencement, and ending with such date as may be so declared to be the termination, of a period of emergency for the purposes of this section Section 59(3)

plant variety — a plant grouping within a single botanical taxon of the lowest known rank, which grouping can be: defined by the expression of the characteristics that results from a given genotype or combination of genotypes; and distinguished from any other plant grouping by the expression of at least one of the said characteristics; and considered as a unit with regard to its suitability for being propagated unchanged Schedule A2, paragraph 11

prescribed — prescribed by rules and Section 123(1)

priority date — the date determined as such under section 5 above Section 130(1)

professional adviser — a person who, in relation to the making of the communication containing the threat— is acting in a professional capacity in providing legal services or the services of a trade mark attorney or a patent attorney, and is regulated in the provision of legal services, or the services of a trade mark attorney or a patent attorney, by one or more regulatory bodies (whether through membership of a regulatory body, the issue of a licence to practise or any other means) Section 70D(2)

protected material — plant propagating material which incorporates material subject to a patent Schedule A1, paragraph 1

published — made available to the public (whether in the United Kingdom or elsewhere) and a document shall be taken to be published under any provision of this Act if it can be inspected as of right at any place in the United Kingdom by members of the public, whether on payment of a fee or not; and “republished” shall be construed accordingly; “register” and cognate expressions have the meanings assigned to them by section 32 above; “relevant convention court”, in relation to any proceedings under the European Patent Convention, ... or the Patent Co-operation Treaty, means that court or other body which under that convention or treaty has jurisdiction over those proceedings, including (where it has such jurisdiction) any department of the European Patent Office; “right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent Section 130(1)

relevant activity — the use by a farmer of the product of his harvest for propagation or multiplication by him on his own holding, where the product of the harvest constitutes or contains protected material Schedule A1, paragraph 1

relevant aircraft, hovercraft or vehicle — respectively a ship and an aircraft, hovercraft or vehicle registered in, or belonging to, any country, other than the United Kingdom, which is a party to the Convention for the Protection of Industrial Property signed at Paris on 20th March 1883 or which is a member of the World Trade Organisation Section 60(7)

relevant application — any of the following applications which has a date of filing, namely— an application for a patent under this Act; an application in or for a country (other than the United Kingdom) which is a member of the World Trade Organisation for protection in respect of an invention which, in accordance with the law of that country or a treaty or international obligation to which it is a party, is equivalent to an application for a patent under this Act; an application in or for a convention country (specified under section 90 below) for protection in respect of an invention or an application which, in accordance with the law of a convention country or a treaty or international convention to which a convention country is a party, is equivalent to an application for a patent under this Act Section 5(5)

relevant collective agreement — a collective agreement within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992, made by or on behalf of a trade union to which the employee belongs, and by the employer or an employers’ association to which the employer belongs which is in force at the time of the making of the invention Section 40(6)

relevant contracting state — a country which is a party to the European Patent Convention and has not exercised its right under the convention to exclude the application of the protocol to the convention known as the Protocol on Recognition Section 82(9)

relevant country — a country other than a member state or a member of the World Trade Organisation whose law in the opinion of Her Majesty in Council incorporates or will incorporate provisions treating the working of an invention in, and importation from, the United Kingdom in a similar way to that in which the Order in Council would (if made) treat the working of an invention in, and and importation from, that country Section 54(2)

relevant intervening acts — acts done in relation to matter disclosed in an earlier relevant application between the dates of the earlier relevant application and the application in suit, as for example, filing another application for the invention for which the earlier relevant application was made, making information available to the public about that invention or that matter or working that invention, but disregarding any application, or the disclosure to the public of matter contained in any application, which is itself to be disregarded for the purposes of section 5(3) above Section 6(2)

relevant Northern Ireland case — a case where— be enforced by the Enforcement of Judgments Office under the Judgments Enforcement (Northern Ireland) Order 1981. the decision or order of the Unified Patent Court would, if it had been given by the High Court in Northern Ireland, or the mediation settlement would, if enforced in the same manner as a judgment or order of the High Court in Northern Ireland Schedule A4, paragraph 4(3)

relevant rights holder — the proprietor of a patent to which protected material is subject; “seed” includes seed potatoes Schedule A1, paragraph 1

relevant statutory provisions — — the provisions of this Act which, by virtue of paragraph 2, apply in relation to the European patent with unitary effect, and the other provisions of this Act which, by virtue of the Unitary Patent Regulation, are to be treated as applying in relation to the European patent with unitary effect (see, in particular, Article 7 of that Regulation) Schedule A3, paragraph 1

Research Council — a body which is a Research Council for the purposes of the Science and Technology Act 1965 .. Section 41(3)

rules — rules made under this section Section 123(1)

search fee — the fee prescribed for the purposes of section 17(1) above; “services of the Crown” and “use for the services of the Crown” have the meanings assigned to them by section 56(2) above, including, as respects any period of emergency within the meaning of section 59 above, the meanings assigned to them by the said section 59 Section 130(1)

seed year — the period from 1st July in one year to 30th June in the following year, both dates inclusive Schedule A1, paragraph 1

supplementary protection certificate — a certificate issued under— Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6th May 2009 concerning the supplementary protection certificate for medicinal products, or Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products Section 128B(2)

the continuing 1949 Act provisions — the provisions of the 1949 Act which continue to apply on and after the appointed day as mentioned in paragraph 1 of Schedule 1 above Schedule 4, paragraph 11(1)

the gazette — the gazette published under section 34 of the Plant Variety and Seeds Act 1964 Schedule A1, paragraph 1

the Medicinal Products Regulation — Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6th May 2009 concerning the supplementary protection certificate for medicinal products Schedule 4A, paragraph 7

the old law — the 1949 Act, any rules made under it and any relevant rule of law as it was or they were immediately before the appointed day Schedule 4, paragraph 16

the old Regulation — Council Regulation (EEC) No 1768/92 of 18th June 1992 concerning the creation of a supplementary protection certificate for medicinal products Schedule 4A, paragraph 8(3)

the Plant Protection Products Regulation — Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products Schedule 4A, paragraph 7

the relevant conventions — the European Patent Convention, ... and the Patent Co-operation Treaty Section 103(2)

the relevant conventions — the European Patent Convention, ... and the Patent Co-operation Treaty Section 105(2)

the relevant day — in relation to section 41, the date of the passing of this Act and, in relation to sections 35 to 40 and 43 to 45, the appointed day Schedule 4, paragraph 8(3)

the relevant grounds — – in the case of an application made in respect of a patent whose proprietor is a WTO proprietor, the grounds set out in section 48A(1) below; in any other case, the grounds set out in section 48B(1) below Section 48(4)

Unified Patent Court — the court established under the Agreement on a Unified Patent Court Section 130(1)

Unitary Patent Regulation — Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection Section 130(1)

veterinary medicinal product — borrowed from another act; this instrument states no meaning of its own Section 60(6F)