About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgments IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Finance Intangible Assets Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

The Patents (Supplementary Protection Certificate for Medicinal Products) Regulations 1992 (S.I. 1992/3091), United Kingdom

Back Latest Version in WIPO Lex
Details Details Year of Version 1992 Dates Adopted: December 9, 1992 Type of Text Implementing Rules/Regulations Subject Matter Patents (Inventions), Plant Variety Protection Notes © Crown Copyright 1992

Date of entry into force, see article 1(1) for further detail
This text refers to 'Council Regulation (EEC) No. 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products' available in the Database as 'Patents (Supplementary Certificate Medicinal Products), Council Regulation, 18/06/1992, No. 1768/92' (EU_013)
The notification by the United Kingdom to the WTO under article 63.2 of TRIPS states:
'The Regulations extend the powers of the Secretary of State and extend and apply certain provisions of the Patents Act 1977.'

Available Materials
Main Text(s) Related Text(s)
Main text(s) Main text(s) English The Patents (Supplementary Protection Certificate for Medicinal Products) Regulations 1992 (S.I. 1992/3091)        
 
Download PDF open_in_new
GB078: Patents (No. 1768/92/EEC Certificate Medicinal Products), Regulations, 09/12/1992, No. 3091

1992 No. 3091
PATENTS

The Patents (Supplementary Protection Certificate
for Medicinal Products) Regulations 1992

Made

9th December 1992

Laid before Parliament

9th December 1992

Coming into force

For the purposes of regulations 1, 2 nd 4(2)

10th December 1992

For all other purposes

2nd January 1993

The Secretary of State, being a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures concerning the creation of a supplementary protection certificate for medicinal products, in exercise of powers conferred by section 2(2) of the said Act of 1972 and of all others powers enabling him in that behalf, hereby makes the following Regulations:-

Citation, commencement and extent

1.-
(1) These Regulations may be cited as the Patents (Supplementary Protection Certificate for Medicinal Products) Regulations 1992 and shall come into force for the purposes of regulations 1, 2 and 4(2) on 10th December 1992 and for all other purposes on 2nd January 1993.
(2) These Regulations extend to Great Britain and Northern Ireland.

Definitions

2. In these Regulations-
"the 1977 Act" means the Patents Act 19773;
"certificate" has the meaning assigned to it by Article 1(d) of the EC Regulation;
"the court" has the same meaning as it has in the 1977 Act; and
"the EC Regulation" means Council Regulation (EEC) No. 1768/92 of 18th June 1992 concerning the creation of a supplementary protection certificate for medicinal products4 and any reference in these Regulations to an article followed by a number is a reference to the article so numbered in the EC Regulation.

Competent industrial property office (Article 9(1))

3. The competent industrial property office for the purposes of lodging an application for a certificate in the United Kingdom shall be the Patent Office.

Extension of powers under the Patents Act 1977

4.-
(1) For the purposes of section 123(1) of the Patents Act 1977 matters relating to certificates and applications for certificates shall be the business of the Patent Office and, accordingly, shall be under the direction and control of the Comptroller-General of Patents, Designs and Trade Marks.
(2) The power of the Secretary of State to make rules under section 123 of the 1977 Act shall include power to make rules regulating the business of the Patent Office and matters relating to certificates and applications for certificates and subsections (2) to (7) of section 123 and section 124 shall apply accordingly.

Extension of existing provisions of the Patents Act 1977 and
the Patents Act 1949 to certificates (Articles 5, 17 and 18)

5. Subject to any rules made by the Secretary of State under section 123 of the 1977 Act relating to certificates, applications for certificates or matters relating to the same, the provisions of that Act and where they continue to apply, the provisions of the Patents Act 19495 and any rules made thereunder in respect of patents, applications for patents, existing patents or existing applications6 shall, in accordance with the provisions of Articles 5, 17 and 18 of the EC Regulation, extend and apply to, and be taken to make, as appropriate and with the necessary changes, corresponding provision, including corresponding provision relating to fees, forms and to the jurisdiction of and proceedings before the comptroller and the court, for certificates, applications for certificates and matters relating thereto, as they apply to, and make provision for, patents and applications for patents and matters relating thereto.

9th December 1992

E. Leigh
 Department of Trade and Industry

EXPLANATORY NOTE

(This note is not part of the Regulations)

In accordance with section 2(2) of the European Communities Act 1972 (c.68) and in order to give effect to certain provisions of Council Regulation (EEC) No. 1768/92 of 18th June 1992 concerning the creation of a supplementary protection certificate for medicinal products, these Regulations-
(a) extend the power of the Secretary of State to make rules under section 123 of the Patents Act 1977 (c.37) in respect of patents and applications for patents so as to enable him to make rules relating to the procedure to be applied to, and the fees in respect of, supplementary protection certificates for medicinal products and applications therefor; and
(b) extend and apply in the appropriate cases existing provisions of the Patents Act 1977 and the Patents Act 1949 and rules made thereunder, relating to patents and applications for patents, to certificates and applications for certificates.

1S.I. 1992/2870.

31977 c.37.

4O.J. No. L182, 2.7.92, page 1.

51949 c.87.

No data available.

WIPO Lex No. GB078