Statutory guidance

Amendments made 13 February 2014: patents form SP1 and SP3

Updated 6 March 2020

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This publication is available at https://www.gov.uk/government/publications/directions-under-section-1232a-of-the-patents-act-1977/amendments-made-13-february-2014-patents-form-sp1-and-sp3

1. Directions under section 123(2A) of the Patents Act 1977

1.1 Patents form SP1 and SP3

  1. The comptroller has made these directions under section 123(2A) of the Patents Act 1977.

  2. These directions set out some changes to the forms whose use is required by rules.

  3. These directions come into force on 1 April 2014.

  4. The following patents forms as set out in the Schedule to these directions are the forms the use of which is required by the Patents Rules 2007 (SI 2007/3291):

    - Patents form SP1 (Application for grant of a supplementary protection certificate)
    - Patents form SP3 (Application for declaration of lapse or validity, or to revoke an extension of the duration of a supplementary protection certificate)

  5. Patents forms SP1 and SP3 as so set out, replace the corresponding forms in the Schedule to the directions made on 5 December 2007 (which came into force on 17 December 2007). The directions made on 5 December 2007 are, to that extent, revoked.

John Alty
Comptroller-General of Patents, Designs and Trade Marks
13 February 2014

2. Guidance and notes on the directions given under section 123(2A)

2.1 Patents forms SP1 and SP3

(a) These notes are not part of the directions. They are intended to provide background and additional information.

(b) The Interpretation Act 1978 applies to these directions. Therefore, all the definitions set out in that Act apply to these directions. Further, amongst other things, generally any words importing the masculine gender include the feminine and words in the singular include the plural and words in the plural include the singular.

(c) Section 123(2A) of the Patents Act allows the comptroller to give directions specifying any forms the use of which is required by the Patents Rules.

(d) Patent form SP1 has been amended in line with the decision in BL O/418/13(PDF, 277 KB) (Genzyme Corporation). The form now requests the date of notification and copy of the Official Journal of the European Union be provided when the earliest authorisation is a European Marketing Authorisation granted through the centralised system under Regulation (EC) No 726/2004.

(e) Patent forms SP1 and SP3 have also both been amended to refer to the codified Council Regulation concerning the supplementary protection certificates for medicinal products ((EC) No 469/2009).

(e) All of the UK patents forms (and information about associated fees) are available on our website.

(f) Any queries about these directions should be addressed to:

Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom

Telephone: +44(0)30 0300 2000
Telephone: +44(0)16 3381 4000
Minicom: +44(0)30 0020 0015

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