(This note is not part of the Order)
Article 2 of this Order brings into force, on 22nd September 2004, paragraph 24 and paragraph 26(1), (3) and (4) of Schedule 2 to the Patents Act 2004.
Paragraph 24 of that Schedule amends section 120 of the Patents Act 1977 (“the 1977 Act”) by amending subsection (1) and inserting a new subsection (3), and paragraph 26(1), (3) and (4) amends section 123 by inserting a new subsection (2A) and repealing subsections (4) and (5). The effect of those amendments is to permit the comptroller (i.e. the Comptroller-General of Patents, Designs, and Trade Marks) to give directions regarding certain matters which had formerly to be prescribed in rules made by statutory instrument; and to remove the requirement of Treasury consent for certain matters.
Articles 4 and 5 make consequential amendments to the Patents Rules 1995 (SI 1995/2093, last amended by SI 2003/513), and in particular provide for the publication of such directions in the Patents and Designs Journal.
Articles 6 to 8 make transitional provision. Thus provisions which (prior to those amendments to the 1977 Act) were contained in rules are deemed to continue in effect as directions given under section 120(1) (as amended) or under the new section 123(2A) of the 1977 Act.
A full regulatory impact assessment has not been prepared for this instrument, as it has no impact on the costs of business distinct from that of the Patents Act 2004 itself.