The Patents Rules 2007 set out procedural and administrative requirements which apply to patents and patent applications, and modernise and replace the Patents Rules 1995 and the Patents (Supplementary Protection Certificates) Rules 1997.
The principal statute on patents is the Patents Act 1977. The 1995 Rules are the main piece of secondary legislation made under the Act, and they regulate the business and procedure of the Patent Office. Amongst other things, this Office examines patent applications, grants patents and is a quasi-judicial body with jurisdiction over certain legal proceedings concerning patents. This Rule replaces entirely the 1995 Rules, and is made under the rule-making powers of the Act.
Furthermore, certain pharmaceutical products can be protected for a further period beyond the 20-year patent term by virtue of an EC supplementary protection certificate. The 1997 Rules regulate the procedure of the Patent Office in respect of granting and maintaining such certificates under the Regulations. This Rule replaces entirely the 1997 Rules, and incorporates procedural provisions on supplementary protection certificates into the body of the rules governing patent procedures.
Finally, this instrument contains provisions which for the first time set out detailed procedures in respect of EC compulsory patent licences, which are available under Regulation (EC) No 816/2006 of the European Parliament and of the Council, and which allow for the manufacture of patented medicines if they are made solely for export to countries with public health problems.
