Section 130: Interpretation

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Intellectual Property Office

January 3

12:50 2023

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130.01

This section defines certain terms used in the Act and, in subsections (7) and (9), is concerned with the interpretation and construction of certain provisions and references. It should be noted that other terms are defined in other sections of the Act, for example relevant application is defined in s.5(5) see 5.30, although some of those definitions apply only in specified section(s).

Section 130(1)

Section 130(1)

In this Act, except so far as the context otherwise requires

application fee means 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;

130.02

The definitions in subsection (1) thus apply throughout the Act unless the context otherwise requires.

130.03

The terms date of filing, designate, European patent (UK) and international application for a patent (used in the above definitions) are defined later in subsection (1), see below.

Section 130(1)

Section 130(1)

appointed day, in any provision of this Act, means the day appointed under section 132 below for the coming into operation of that provision;

130.04

See 132.06 to 132.08.

Section 130(1)

Section 130(1)

biological material means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system;

biotechnological invention means 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;

130.04.1

These definitions were introduced into s.130(1) by the Patents Regulations 2000 (SI 2000 No.2037). Schedule A2 to the Act (also introduced by the Patents Regulations 2000 under s.76A) makes certain specific provisions concerning biotechnological inventions, as defined above. References to biological material in that Schedule and elsewhere in the Act are also to be interpreted in the light of the above definition.

Section 130(1)

Section 130(1)

Community Patent Convention means the Convention for the European Patent for the Common Market;

Section 130(1)

Section 130(1)

comptroller means the Comptroller-General of Patents, Designs and Trade Marks;

130.05

It is a requirement of the Patents and Designs Act 1907 that there is a Comptroller General of Patents, Designs, and Trade Marks; the definition in s.130(1) is therefore intended to allow for brevity in the Patents Act 1977 whilst ensuring consistency with the 1907 Act. The comptroller is appointed by the Secretary of State under s.63(1) of the 1907 Act.

130.05.1

Any act or thing directed to be done by or to the comptroller may be done by or to any officer authorised by the Secretary of State (see s.62(3) of the 1907 Act) or any officer authorised by the comptroller themselves (see s.74 of the Deregulation and Contracting Out Act 1994). The current authorisation, dated 22 November 2023, authorises various officers of the Office to perform functions of the comptroller in accordance with the following schedule. Like previous authorisations, it is drawn in broader terms than will normally be applied in practice.

130.05.2

The comptrollers tribunal function in respect of patent disputes under the Patents Act 1977 was considered to be a court for the purposes of Article 24 of the Council Regulation (EC) 44/2001 (now Article 26 of Regulation (EU) No. 1215/2012) in Future New Developments Ltd v B & S Patente Und Marken GmbH [2014] EWHC 1874 (IPEC).

Schedule

Column 1

Column 2

Deputy Chief Executive and Director of Services, Chief Hearing Officer, Divisional Directors, Deputy Directors (Tribunals, Patents, Trade Marks, Designs, Legal and Practice)

1. All the provisions of:

(i) the Patents Acts 1949 and 1977,

(ii) the Registered Designs Act 1949,

(iii) the Copyright, Designs and Patents Act 1988, and

(iv) the Trade Marks Acts 1938 and 1994.

2. The relevant Rules, Orders and Regulations made under the above Acts.

3. All the provisions of the Patents and Plant Variety Rights (Compulsory Licensing) Regulations 2002.

4. All provisions of Regulation (EC) No 1610/96 and Regulation (EC) No 469/2009 concerning supplementary protection certificates for plant protection and medicinal products respectively.

Officers of span D1 (patents), senior patent examiners

1. All the provisions of the Patents Acts 1949 and 1977 except insofar as they involve:

(i) opposed requests, references and applications, or

(ii) the refusal of any application or request where the refusal is disputed by the applicant or requester and where the technical content of specifications is involved.

2. The relevant Rules, Orders and Regulations made under the Patents Act 1977.

3. All the provisions of the Registered Designs Act 1949.

4. Granting and rectification of certificates under the provisions of Article 10 of the Regulation (EC) No 1610/96 and Article 10 of Regulation (EC) No 469/2009.

Patent examiners

1. All the provisions of the Patents Act 1977 except insofar as they involve:

(i) opposed requests, references and applications, or

(ii) the refusal of any application or request where the refusal is disputed by the applicant or requester.

2. The relevant Rules, Orders and Regulations made under the Patents Act 1977

3. All the provisions of the Registered Designs Act 1949

4. Granting and rectification of certificates under Article 10 of Regulation (EC) No 1610/96 and Article 10 of Regulation (EC) No 469/2009.

Associate patent examiners and private applicant unit examiners

Director (finance), where not already mentioned officers of span C2 or higher

All the provisions of:

(i) the Patents Acts 1949 and 1977, including section 123(2A), and opposed requests, references and applications insofar as these relate to preliminary or procedural matters, except insofar as these involve the technical content of specifications,

(ii)the Registered Designs Act 1949, and

(iii) the Trade Marks Acts 1938 and 1994.

2.The relevant Rules, Orders and Regulations made under the above Acts.

Where not already mentioned Officers of span B3 or higher, Assistant heads of administration (patents)

1. All the provisions of:

(i) the Patents Acts 1949 and 1977 except insofar as opposed requests, references and applications made thereunder or the technical content of specifications are involved,

(ii) the Registered Designs Act 1949, and

(iii) the Trade Marks Acts 1938 and 1994.

2. The relevant Rules, Orders and Regulations made under the above Acts.

All officers of span B1 or B2

1. The provisions of:

(i) Sections 25, 27(3), 34, 37, 38, 39, 40, 43, 44, 46, 47, 63, 64, 65 and 67 of the Trade Marks Act 1994,

(ii) Sections 25(3) and 28 of the Trade Marks Act 1938,

(iii) Section 5(2C), 73(2) and 117B(4) of the Patents Act 1977,

(iv) Sections 28, 47 and 117 of the Patents Act 1977 except insofar as opposed requests or the technical content of specifications are involved,

(v) the relevant related Rules made under the above Acts,

(vi) Orders made under Sections 8 and 54 the Trade Marks Act 1994,

(vii) Regulations made under the Trade Marks Act 1994,

(viii) Rules made under Sections 41, 52, 68, 69, 78 and 81 of the Trade Marks A

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