United Kingdom (GB)

From 07/07/2003, changes to Section 16 and the grant publication process were made thus allowing A & B documents to be made available electronically on esp@cenet on the day of publication. These changes will make it impossible to withdraw patent applications after the so-called PPC date (the preparations for print date). It will also not be possible to withdraw granted patents after the grant letter has been issued.

A reciprocal arrangement concerning intellectual property rights between the United Kingdom and Taiwan was signed on 20/03/2000 and came into force on 24/05/2000. As a result of this arrangement there is now provision for priority rights for Taiwanese nationals in the UK and for UK nationals in Taiwan. There are also provisions for the receipt of applications and granting of patents relating to micro-organisms and for the extension of the term of a patent for a maxium of 5 years after expiry of the full term of that patent.

PCT Contracting States have been asked to amend their laws to make them compatible with the new time limit in Article 22(1) of the PCT which enters into force on 01/04/2002. As a result the 21 month period as in Rule 85(1)(b) and will mean Rules 85(1)(a) and 85(1)(b) will be merged. The 31 month period will only apply to application which have not entered the UK national phase at 21 months I.e. those for which, at 01/04/2002, the 21 month period has not expired.

A public consultation was launched by the UK Patent Office regarding the introduction of a grace period into UK Law. This consultation closes on 30/04/2002.

20/10/2004 UPDATE: The Patents Act 2004 together with the Regulatory Reform (Patents) Order 2004 are bringing changes to the UK Patents Act 1977 and procedures for filing and prosecuting patent applications. The changes include employee’s right to compensation if the employer gains benefit from the invention and/or patent for patents granted after 22 July 2004. Also,  action following a threat of patent infringement relating to subsequent sale of a product that the infringer has made  could not be brought if the threat is found groundless. The court or Comptroller must take in consideration the principles applicable to amendments under the European Patent Convention when exercising discretion to refuse an amendment to a patent.