Updates: Manual of Patent Practice

2024

2 January 2024 published amendments

Changes to the Manual of Patent Practice

Changes to significant chapters in January 2024 added.

Table of cases

New cases: Vernacare Limited v Moulded Fibre Products Limited, Luxim Corp v Ceravision Ltd, DLP Ltd's Patent, Philips Morris Products SA & Anor v Nicoventures Trading Ltd & Anor, Ensygnia v Shell [2023] added.

Section 1: Patentability

New paragraph 1.39.4 added.

Section 3: Inventive step

New paragraph 3.87.3 added.

2023

2 October 2023 published amendments

Changes to the Manual of Patent Practice

Significant changes to the manual related to October 2023 updated.

Section 14: The application

Section 14.132 amended paragraph.

3 July 2023 published amendments

Changes to the Manual of Patent Practice

Changes taken place to the Manual of Patent Practice in July 2023

Table of cases

New cases: Munchkin's Application, Metabiotech's Application, Optinose's Application, Taylor v Lanarkshire Health Board BL O/864/21 and Taylor v Lanarkshire Health Board BL O/157/22 added.
Sunwave Communications Co. Ltd's Application BL O/206/23

Section 15: Date of filing application

New section 15.33.1 added.

Section 20: Failure of application

New paragraphs added to 20.02.

Section 36: Co-ownership of patents and applications for patents

New section added to 36.07

Supplementary Protection Certificates for Medicinal and Plant Protection Products

Chapter SPM3.05.1 - new text added.

3 April 2023 published amendments

Changes to the Manual of Patent Practice

Significant updates for April 2023 added.

Table of cases

Cases: Nokia v Oppo [2023] EHWC 23 (Pat), Vernacare Ltd v Moulded Fibre Products (MFP) [2022] EWHC 2197 (IPEC) and Adamson Jones IP Limited v American Isostatic Presses Inc (BLO/0092/23) added.

Section 1: Patentability

Paragraph 1.20.2 amended.

Section 3: Inventive step

New paragraph 3.26.1 added.

Section 15: Date of filing application

Paragraph 15.20.1 and 15.44 amended.

Section 20: Failure of application

Paragraph 20.02 amended.

3 January 2023 published amendments

Changes to the Manual of Patent Practice

Significant changes which have taken place for January 2023.

Table of cases

Vernacare Ltd v Moulded Fibre Products (MFP) and Xu's Application added.

Section 14: The application

Section 14.173 amended.

Section 18: Substantive examination and grant or refusal of patent

Chapter 18.79 amended.

Section 19: General power to amend application before grant

Chapters 19.16 and 19.18 updated.

Section 20: Failure of application

Chapter 20.02 updated.

Section 27: General power to amend specification after grant

Chapter 27.27 updated.

Section 32: Register of patents, etc

Chapter 32.04 updated.

Section 72: Power to revoke patents on application

Chapter 72.27 updated.

Section 73: Comptroller's power to revoke patents on his own initiative

Chapter 73.03.1 updated.

Section 89: Effect of international application for patent

Chapter 89.06 and 89.09 updated.

Section 89A: International and national phases of application

Chapter 89A.04.1 updated.

Section 89B: Adaptation of provisions in relation to international application

Chapter 89B.10 updated.

Section 99A: Power of Patents Court to order report

Chapter 99A.01 updated.

Section 117: Correction of errors in patents and applications

New chapter 117.21.1 added.

Section 118: Information about patent applications and patents, and inspection of documents

Chapters 118.04, 118.07.2, 118.13 and 118.14 updated.

Section 123: Rules

Chapters 123.10.3, 123.36.8 and 123.45 updated.

Section 125: Extent of invention

Update to chapter 125.17.8 and new chapter 125.18.8 added.

Section 130: Interpretation

Chapters 130.05.1 and 130.05.2 updated.

2022

3 October 2022 published amendments

Manual of Patent Practice Introduction

New paragraph 0.13 added.

Changes to the Manual of Patent Practice

Significant changes to chapters 2.08.1, 13, 89B and SPM 3.03.1 taken place for October 2022.

Table of cases

New cases: Zebra Technologies Corporation (BL O/653/22) and Thaler’s Application (BL O/447/22) added.

Section 2: Novelty

Paragraph 2.08.1 updated

Section 13: Mention of inventor

Chapter 13.12 updated and new chapter 13.12.1 added.

Section 18: Substantive examination and grant or refusal of patent

new paragraphs 23 and 24 added to Chapter 18.98.

Section 89B: Adaptation of provisions in relation to international application

Paragraph 89B07 updated and new paragraph 89B.07.1 added.

1 July 2022 published amendments

Changes to the Manual of Patent Practice

Changes for July 2022 added.

Table of cases

Cases: Neurim Pharmaceuticals (1991) Ltd v Generics (UK) Ltd [2022] and Sandoz Ltd v Teva Pharmaceutical Industries Ltd [2022] added.

Section 4A: Methods of treatment or diagnosis

New paragraph 4A.29.4.1 added.

Section 15A: Preliminary examination

Paragraph 15A.04 new text added.

Section 17: Search

Paragraph 17.83.3 - new text added.

Section 67: Proceedings for infringement by exclusive licensee

Paragraph 67.04 replaced with new text.

Section 89: Effect of international application for patent

PCT filing checklist amended to reflect e-PCT.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

Paragraph SPM1.04.2 new text added.

1 April 2022 published amendments

Changes to the Manual of Patent Practice

Changes to Manual for April 2021 added.

Table of cases

Teva Pharmaceutical Industries Ltd & Ors v Bayer Healthcare LLC [2021] EWHC 2690 (Pat) added.

Section 3: Inventive step

Section 3.87.2 updated in light of Teva Pharmaceutical Industries Ltd & Ors v Bayer Healthcare LLC [2021] EWHC 2690 (Pat).

Section 14: The application

New sentence added to section 14.157.

Section 15: Date of filing application

A new paragraph for 15.35, 15.41 and a new sentence for 15.58 added.

Section 17: Search

Sections 17.55, 17.94, 17.104.1, 17.110 and 17.122 amended, 17.109 deleted and new paragraph 17.108.2 added.

Section 18: Substantive examination and grant or refusal of patent

Sections 18.07, 18.07.2, 18.12, 18.37, 18.38.1, 18.49, 18.85, 18.98 amended and a new paragraph 18.38.1 added.

Section 22: Information prejudicial to national security or safety of public

Sections 22.20, 22.2, 22.28 amended and 22.29 deleted.

Section 89B: Adaptation of provisions in relation to international application

Section 89B.02 amended.

Section 130: Interpretation

Section 130.05.1 amended.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

SPM3.02.7 deleted, SPM8.09.1 amended and SPM3.03.6 and SPM8.10.1 new section added.

4 January 2022 published amendments

Changes to the Manual of Patent Practice

7.11.1, 13.10.1 were updated in light of Thaler v Comptroller-General of Patents [2021] EWCA Civ 1374, and, 14.88.1 was updated in light of FibroGen Inc. v Akebia Therapeutics Inc [2021] EWCA Civ 1279.

Table of cases

Akebia Therapeutics Inc v Fibrogen Inc, 2021] EWCA Civ 1279, Thaler v Comptroller-General of Patents [2021] EWCA Civ 1374 added.

Section 7: Right to apply for and obtain a patent

Section 7.11.1 amended.

Section 13: Mention of inventor

Section 13.09 and 13.10.1 amended

Section 14: The application

New paragraph 14.88.1 added.

Section 17: Search

Sections 17.05.1, 17.94, 17.104.1, 17.105.1, 17.105.2 amended and new paragraph 17.114.1 added.

Section 18: Substantive examination and grant or refusal of patent

new paragraphs added to 18.07, 18.86, 18.88, 18.89 and 18.100.

Section 21: Observations by third party on patentability

Section 21.23 amended.

Section 60: Meaning of infringement

Sections 60.23, 60.24.1, 60.24.2, 60.28 amended and new section 60.33 added.

2021

1 July 2021 published amendments

Changes to the Manual of Patent Practice

Table of changes for July 2021 added.

Table of cases

G 01/19 (Pedestrian simulation), IPCom GmbH v Vodafone [2021] EWCA Civ 205 and Claydon v Mzuri [2021] EWHC 1007 (IPEC) added.

Section 1: Patentability

New sentence added to section 1.29.1.

Section 2: Novelty

New text added to section 2.27.1.

Section 14: The application

Changes to section 14.136.1, 14.137 and 14.145 added.

Section 18: Substantive examination and grant or refusal of patent

Changes to section 18.53, 18.64, 18.84 and 18.98 added.

Section 55: Use of patented inventions for services of the Crown

Section 55.05.1 replaced.

Section 125: Extent of invention

New paragraph 125.18.7 added.

1 April 2021 published amendments

Changes to the Manual of Patent Practice

Updates to manual for April 2021.

Section 14: The application

Chapter 14.82.1 updated and new chapter 14.82.2 added

Section 15: Date of filing application

Chapter 15.41 updated.

Section 17: Search

Chapter 17.03 and 17.117 updated.

Section 18: Substantive examination and grant or refusal of patent

Chapter 18.07.2, 18.12, 18.86, 18.95.1, 18.97 updated.

Section 19: General power to amend application before grant

Chapter 19.22.1 updated.

Section 107: Costs and expenses in proceedings before the comptroller

Chapter 107-13 updated.

Section 281: Power of comptroller to refuse to deal with certain agents

Chapter 281.04 updated and new chapter 281.05 added.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

Chapter SP0.13.3, SPM 5.11, SPM5.12, updated and new chapters SP0.13.4, SPM 0.05, SPM1.07, SPM1.07.1, SPM2.01.1, SPM3.01.1, SPM5.14, SPM7.04, SPM8.06.1, SPM8.06.2, SPM8.06.3, SPM8.06.4, SPM8.14, SPM8.15, SPM8.16, SPM8-17, SPM8.18, SPM13A.01, SPM13B.01 added

Regulation (EC) No 1610/96 of the European Parliament and of the council (Plant Protection Products)

New chapters SPP0.02, SPP1.05, SPP1.05.1, SPP1.06, SPP3.04, SPP5.01, SPP7.02, SPP8.02, SPP8.03, SPP8.04, SPP8.05 and SPP13A.01 added.

4 January 2021 published amendments

Changes to the Manual of Patent Practice

Changes to sections of the manual for January 2021.

Table of cases

Thaler v Comptroller-General of Patents [2020] EWHC 2412 (Pat) added.

Section 7: Right to apply for and obtain a patent

Section 7.11.1 replaced.

Section 13: Mention of inventor

Section 13.10.1 replaced.

Section 14: The application

Section 14.01.4, 14.02, 14.04.14, 14.29, 14.32, 14.146 updated/Deleted.

Section 18: Substantive examination and grant or refusal of patent

Sections 18.01.5 (references to fax removed), 18.86.2 and 18.88 new text added.

Section 33: Effect of registration, etc on rights in patents

Sections 33.05.1 updated, section 33.05.2 Deleted and new section 33.05.3 added.

Section 46: Patentee's application for entry in register that licences are available as of right

Section 46.55.3 amended.

Section 75: Amendment of patent in infringement or revocation proceedings

Sections 75.11, 75.12 and 75.13 amended.

Section 76A: Biotechnological inventions

Section 76A.01.1 amended.

Section 77: Effect of European patent (UK)

Sections 77.05 and 77.05.1 amended.

Section 81: Conversion of European patent applications

Section 81.08 updated to include Gibraltar.

Section 89A: International and national phases of application

Section 89A.20.1 amended.

Section 117B: Extension of time limits specified by comptroller

Section 117B.02 amended to remove reference to fax.

Section 119: Service by post

Section 119.01 amended to include e-filing.

Section 123: Rules

Section 123.04 amended to remove reference to fax

Section 128A: Compulsory pharmaceutical licences

Whole section 128A amended.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

Updates to section SP and SPM (new paragraphs added and sections deleted).

2020

1 October 2020 published amendments

Changes to the Manual of Patent Practice

Changes to the Manual for October 2020.

Table of cases

New cases Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27, Emson v Hozelock [2020] EWCA Civ 871, Lenovo (Singapore) PTE Ltd v Comptroller General of Patents [2020] EWHC 1706 (Pat) added.

Section 1: Patentability

Updates to chapters 1.09.4, 1.20.3, 1.21, 1.34.1, 1.38.1 added.

Section 3: Inventive step

New paragraphs 3.39.2, 3.79.1 and 3.81.3 added.

Section 14: The application

New paragraph 14.82.1 and updates to paragraphs 14.04.18 and 14.84 added.

Section 17: Search

Changes to 17.05.1, 17.83(l), 17.89, 17.115 and 17.116.

Section 18: Substantive examination and grant or refusal of patent

Change to 18.13

Section 25: Term of patent

updates to 25.13 added.

Section 76A: Biotechnological inventions

New chapter 76A.03.1 added.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

Updates to SPM 1.04.1, SPM 3.05.2, SPM 10.09, SPM 12.13, SPM 16.01 and New paragraph SPM 8.13 added.

30 June 2020 published amendments

Changes to the Manual of Patent Practice

July 2020 changes to various sections added.

Table of cases

New cases added - Akebia Therapeutics Inc v Fibrogen Inc [2020] EWHC 866 (Pat)
and Genentech Inc v The Comptroller General of Patents.

Section 14: The application

New paragraph 14.93.2 added.

Section 15: Date of filing application

Changes to 15.41 added.

Section 17: Search

New text added to 17,115 and 17.118

Section 18: Substantive examination and grant or refusal of patent

Changes to paragraphs 18.49, 18.81, 18.86, 18.86.2 added.

Section 19: General power to amend application before grant

Changes to paragraphs 19.10, 19.18 and 19.22.1 added.

Section 73: Comptroller's power to revoke patents on his own initiative

Changes to paragraph 73.07 added.

Section 117: Correction of errors in patents and applications

New paragraph 117.06.1 added.

Section 125: Extent of invention

New paragraphs 125.17.9 and 125.26.1 added.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

Changes to paragraphs SPM 3.02.5, SPM 12.03, SPM 12.10, SPM 13.02, SPM 13.07 and new paragraph 14.01.2 added.

1 April 2020 published amendments

Changes to the Manual of Patent Practice

April 2020 changes to various sections added.

Table of cases

New reference for Fisher Rosemount Systems', T 208/84 and T 115/85 added.

Section 1: Patentability

Paragraph 1.15.1, 1.19, 1,23, 1.29.1, 1.34, 1.34.1, 1.35, 1.36, 1.37, 1.37.1, 1.37.3, 1.38.1 -1.38.5, 1.45 updated and new paragraphs added for 1.29.4, 1.29.5, 1.36.3 and 1.39.3.

Section 7: Right to apply for and obtain a patent

New paragraph 7.11.1 added.

Section 13: Mention of inventor

New paragraph 13.10.1 added.

Section 14: The application

Various chapter 14.49, 14.93, 14.103, 14.144, 14.144.1, 14.147 has been updated.

Section 15: Date of filing application

Paragraph 15.1 updated.

Section 17: Search

Paragraph 17.03, 17.05.1, 17.05.2, 17.95, 17.104.1, 17.105, 17.105.2 and 17.111 updated.

Section 18: Substantive examination and grant or refusal of patent

Paragraphs 18.07, 18.07,1, 18.42, 18.43, 18.44, 18.68, 18.77, 18.79, 18.80, 18.80.1, 18.86, 18.95, 18.96 and updated and new paragraph 18.95.1 added.

Section 33: Effect of registration, etc on rights in patents

Amendment to section 33.05.1 and new chapter 33.05.2

Section 46: Patentee's application for entry in register that licences are available as of right

Changes to section 46.52, 46.53, 46.54 and 46.78.1. New paragraph section 46.55.3 added.

Section 55: Use of patented inventions for services of the Crown

New paragraph 55.05.1 added.

Section 56: Interpretation, etc., of provisions about Crown use

Paragraph 56.03 amended.

Section 73: Comptroller's power to revoke patents on his own initiative

Amends to paragraph 73.09.1 added.

Section 76A: Biotechnological inventions

New paragraph 76A.01-1 added.

Section 125: Extent of invention

Paragraph 125.18.6 last sentence amended.

Section 128A: EU Compulsory licences

New paragraph 128A.01.1 added and 128A.03 deleted.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

Aprils changes include new paragraphs for SP0.13, SP013.1, SP0.13.2 and SPM 3.02.6.1 added.

2 January 2020 published amendments

Changes to the Manual of Patent Practice

January 2020 changes taking place.

Table of cases

New cases Anan Kasei v Neo Chemicals, Intermec Inc's Application and Shanks v Unilever (Supreme Court) added.

Section 14: The application

New text added to 14.76 and 14.123.1 also new paragraph 14.80.1 added.

Section 15: Date of filing application

New text added to 15.07.

Section 40: Compensation of employees for certain inventions

New text added to 40.04.2

Section 41: Amount of compensation

New text added to 41.04.

Section 117: Correction of errors in patents and applications

New paragraph 117.09.1 added.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

New text added to SP0.11, point 'f' to heading Article 1: Definitions, SPM3.02.6, SPM3.02.7 plus new paragraphs SP0.12, SPM1.06, SPM5.05, SPM5.06, SPM5.07, SPM5.08, SPM5.09, SPM5.10, SPM5.11, SPM5.12, SPM5.13, SPM11.04, SPM12.15 and SPM21A.01 added.

2019

1 October 2019 published amendments

Changes to the Manual of Patent Practice

Changes to the Manual of Patent Practice for October 2019.

Table of cases

Cases: Emson v Hozelock Ltd & Others [2019] EWHC 991 (Pat), Prosyscor Ltd v Netsweeper Inc &Ors [2019] EWHC 1302 (IPEC) and Actavis Group PTC EHF v ICOS Corporation & Ors [2019] UKSC 15 added.

Section 2: Novelty

New sentence added to the end of chapter 2.27.1.

Section 3: Inventive step

New sentence added to the end of 3.87.2.

Section 17: Search

New sentence (However plurality may also arise in situations with only one independent claim.) added to chapter 17.106, New paragraph 17.108.1 added.

Section 18: Substantive examination and grant or refusal of patent

New paragraph added to Chapter 18.39.

Section 21: Observations by third party on patentability

Whole chapter has been updated.

Section 39: Right to employees' inventions

New paragraph added to 39.11.

Section 41: Amount of compensation

Updates to Section 41(3), 41(7) and 41(12) added.

Regulation (EC) No 1610/96 of the European Parliament and of the council (Plant Protection Products)

New paragraph added to SPP3.03.

1 July 2019 published amendments

Changes to the Manual of Patent Practice

Changes for July 2019 added.

Table of cases

New cases: Regan Lab SA v Estar Medical Ltd & Ors [2019] EWHC 63 (Pat) and EPO Board of Appeal decision T 1218/14 (Dohler/DuPont Nutrition Biosciences) added.

Section 1: Patentability

Section 1.07 - The title Excluded Subject Matter has been moved up to above the Section 1(2) text.1.41 the title. Section 1.41 - Exploitation contrary to public policy or morality has been moved up above the Section 1(3) text.

Section 14: The application

New text added to 14.127.

Section 15: Date of filing application

New text added and two new paragraphs added to 15.21.

Section 18: Substantive examination and grant or refusal of patent

New text added for 18.79.1.

Section 125: Extent of invention

New text added to 125.17.7.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

New text added for SPM 3.05.02.

29 March 2019 published amendments

Changes to the Manual of Patent Practice

Changes for April 2019 added.

Table of cases

New cases: Warner-Lambert Company v generics (UK) Ltd (t/a Mylan) & Others - Court of Appeal of Supreme Court, Eli Lilly & Co v Janssen Alzheimer Immunotherapy [2013] EWHC 1737, Akron Brass Company's application, Technetix B.V and others v Teleste Ltd [2019] EWHC 126 (IPEC) and T 609/02 Salk Institute
added.

Section 3: Inventive step

Paragraph 3.17 new content added.

Section 4A: Methods of treatment or diagnosis

Changes to paragraph 4A.27.1 and 4A.29.1 has moved to 4A.30.1 and new paragraphs 4A.29.2, 4A.29.3, 4A.29.4, 4A.29.5, 4A.30.1 and 4A.30 added.

Section 14: The application

New paragraph 14.72.1 added.

Section 16: Publication of application

COPS replaces OPTICS.

Section 17: Search

Paragraph 17.115 text amended.

Section 18: Substantive examination and grant or refusal of patent

New text added to 18.03.6 and 18.07.2.

Section 19: General power to amend application before grant

New text added to 19.21

Section 20: Failure of application

New text added to 20.2.1

Section 60: Meaning of infringement

New text added to 60.16.1 and 60.19.2.

Section 73: Comptroller's power to revoke patents on his own initiative

new text added to 73.09.1 (a).

Section 75: Amendment of patent in infringement or revocation proceedings

New text added to 75.21.1 and new paragraph 75.21.2 added.

Section 89A: International and national phases of application

New text added to 89A.14, 89A.14.1, 89A.14.2 and 89A.21

Section 125: Extent of invention

New text added to 125.14 and new paragraph 125.17.8 added

Supplementary Protection Certificates for Medicinal and Plant Protection Products

New text added to SPM 2.01, SPM3.02.6, SPM3.05.2 and SPM6.03.

2 January 2019 published amendments

Changes to the Manual of Patent Practice

January 2019 changes to the manual.

Glossary of terms and abbreviations used in this Manual

COPS - An Intellectual Property Office computer system added.

Table of cases

New reference 20.02.2 added to Anning's Patent Application and New table of case reference Icescape Ltd v Ice-World International BV & Ors [2018] added

Section 14: The application

Chapters 14.139.1, 14.139.2 moved to 14.144 and 14.139.3 moved to new chapter 14.144.1.

Section 17: Search

Chapter 17.94.2 and 17.107 amended

Section 18: Substantive examination and grant or refusal of patent

Amendments to paragraphs 18.79 and 18.95 added.

Section 20: Failure of application

New chapter 20.02.2 added.

Section 21: Observations by third party on patentability

New paragraph added to 21.02.1.

Section 120: Hours of business and excluded days

New sentence added to 120.07.

Section 125: Extent of invention

New text added to 125.17.6.

Regulation (EC) No 1610/96 of the European Parliament and of the council (Plant Protection Products)

New paragraph SPP 3.02.2 added.

2018

1 October 2018 published amendments

Changes to the Manual of Patent Practice

October 2018 changes to the manual

Table of cases

Cases Anan Kasei Co Ltd & Rhodia Operations SAS v Molycorp Chemicals & Oxides Ltd [2018] EWHC 843 (Pat), Jushi Group Co. Ltd v OCV Intellectual Capital LLC [2018] EWCA Civ 1416, T 26/85 [1990] EPOR 267 Toshiba/Thickness of Magnetic Layers and T 666/89 [1992] EPOR 501 Unilever/Washing Composition added.

Section 2: Novelty

New paragraph for 2.06.2 and new text for 2.18 added.

Section 14: The application

New paragraph for 14.117.5 and a new sentence for s14.123.1 added.

Section 15: Date of filing application

New text for 15.41 added..

Section 17: Search

New text 17.94.2, 17.94.11, 17.107 and 17.115 added.

Section 18: Substantive examination and grant or refusal of patent

18.03.6 first square bracket, 18.07.2 second square bracket text updated,18.47.2 (square bracket) sentence updated 18.81 first square bracket text and 18.86.1 first square bracket updated.

Section 123: Rules

123.36.8 (square brackets) updated.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

SPM3.02.6 updated.

29 June 2018 published amendments

Changes to the Manual of Patent Practice

Most recent changes to the Manual for July 2018 added.

Table of cases

New cases Cantel Medical et al v Arc Medical [2018] EWHC 345 (Pat), Curt G Joan Inc v Fameccanica Data SpA [2017] EWHC 1251 (IPEC), Regeneron Pharmaceuticals v Kymab Ltd [2018] EWCA Civ 671 and G 01/16.

Section 14: The application

New paragraph added 14.66.1, 14.70.1 and new text added for 14.127.

Section 17: Search

New text added for 17.05.1, 17.111, 17.113, 17.115, 17.118, 17.121 (iii)

Section 15: Date of filing application

New text added for 15.39 and 15.41.

Section 18: Substantive examination and grant or refusal of patent

New text added for 18.03.6, 18.72, 18.81, 18.86.1 and 18.86.2.

Section 19: General power to amend application before grant

Text updated for 19.18, 19.21 and 19.22.1

Section 73: Comptroller's power to revoke patents on his own initiative

Text updated for 73.09.

Section 75: Amendment of patent in infringement or revocation proceedings

Text update for 75.12.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

Text added added to SPM3.02.5 and SPM13.05.1.

29 March 2018 published amendments

Changes to the Manual of Patent Practice

Most recent changes to the Manual for March 2018 added.

Table of cases

New cases Gedeon Richter v Bayer Schering, L’Oréal Ltd v RN Ventures Ltd, Novartis AG v Generics (UK) Ltd (trading as Mylan), Unilin Beheer BV v Berry Floor NV and Unilin Beheer BV v Berry Floor NV and Others added.

Section 3: Inventive step

Text added to S3.87.2.

Section 5: Priority date

New paragraph 5.23.3 added.

Section 14: The application

New text added to S14.44 and S14.53.

Section 15: Date of filing application

Changes to S15.41.

Section 17: Search

Text deleted and new text added to S17.03. New text also added to sections 17.111 and 17.123.

Section 18: Substantive examination and grant or refusal of patent

Changes to sections 18.03.6, 18.81, 18.86.1, 18.86.2 and 18.86.4.

Section 19: General power to amend application before grant

Amendments to sections 19.18, 19.21 and 19.22.1.

Section 72: Power to revoke patents on application

Amendment to Section 72.42 added.

Section 73: Comptroller's power to revoke patents on his own initiative

Amendments to sections 73.02.2, 73.04.3, 73.07, 73.08 and 73.09.1 added.

Section 81: Conversion of European patent applications

New text added to sections 81.05 and 81.06.

Section 89A: International and national phases of application

Update to S89A.12 added.

Section 89B: Adaptation of provisions in relation to international application

Updates to S89B.08 and 89B.09 added.

Section 125: Extent of invention

Text added to s125.26.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

Amendments to sections 3.03.1 and 10.01.

2 January 2018 published amendments

Changes to the Manual of Patent Practice

January 2018 changes added.

Table of cases

New cases marked with ** have been added.

Section 2: Novelty

Changes to paragraph 2.03, 2.08.2 and 2.29.1 added.

Section 3: Inventive step

Changes to paragraphs 3.09, 3.11, 3.21, 3.23, 3.24, 3.38, 3.43, 3.82, 3.83. New paragraph 3.87.2 added.

Section 5: Priority date

Changes to paragraph 5.25 added.

Section 14: The application

Changes to paragraphs 14.66, 14.79, 14.80, 14.84, 14.85, 14.100, 14.110, 14.146, 14.149, 14.155 added. New paragraph 14.139.3 added.

Section 17: Search

Paragraphs 17.61 and 17.102 updated.

Section 89A: International and national phases of application

Paragraph 89A.14.1 updated.

Section 89B: Adaptation of provisions in relation to international application

Paragraph 89B.08 amended.

Section 117: Correction of errors in patents and applications

Paragraph 117.13.1 updated.

Section 125: Extent of invention

Paragraphs 125.02 and 125.18.5 updated. New paragraphs 125.17.7 and 125.18.6 added.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

Paragraphs 1.04.1, 2.01, 3.02.6 and 3.03.2 updated.

2017

16 October 2017 published amendments

Section 70: Threats of infringement proceedings

Title changed to Threats of infringement proceedings.

29 September 2017 published amendments

Changes to the Manual of Patent Practice

October 2017 changes added.

Table of cases

Added additional reference: [2017] UKSC 48 and added reference to 2.03, 125.17.3-125.18.5, 125.26.
Assidoman Multipack Ltd v The Mead Corporation deleted, Modified to remove reference to 125.16-125.18, 125.20-21 and 125.25 and add reference to 125.17.5-125.17.6, Codex Corporation v Racal-Milgo Ltd deleted.
Electrical and Musical Industries Ltd v Lissen Ltd deleted, Modified to remove reference to 70.03.1 and add reference to 70.04, Modified to remove reference to 70.03.1 and add reference to 70.04, Modified to remove reference to 1.19, 14.62, 14.116, 125.11, 125.14-125.17, 125.19, 125.21-125.25, Kooltrade Ltd v XTS Ltd deleted, Mayne Pharma v Pharmacia Italia SpA deleted, Merck & Co Inc v Generics (UK) Ltd deleted, Modified to remove reference to 125.14, Société Technique de Pulverisation STEP v Emson Europe Ltd deleted, Speedcranes Ltd v Thomson and another deleted, Modified to remove reference to 125.14, Modified to remove reference to 125.15 and 125.20, Unilever plc v Procter & Gamble Company deleted, Modified to remove reference to 125.14, Modified to remove reference to 125.18.

Section 1: Patentability

Changes resulting from manual review September 2017.

Section 2: Novelty

Reference changes.

Section 5: Priority date

Deleted s5.13;1.2 and 3.

Section 14: The application

Remove protocol and case references s14.62.
Add references 125 to s14.111.
New paragraph added s14.116.1.
s14.112 case reference deleted.
a14.14 reference change.
s14.115 reference change and case BL C/64/95 case summary change.
s14.116 deleted.
s14.116.1 added.

Section 15: Date of filing application

15.20.1 new paragraph added.

Section 17: Search

s17.94.11 new paragraphs added.

Section 18: Substantive examination and grant or refusal of patent

18.07.2 new paragraph added.
18.79 new paragraph added.
18.79.1 new paragraph added.
18.81 deleted text.
18.86 text deleted.

Section 60: Meaning of infringement

60.08 text deleted.

Section 70: Remedy for groundless threats of infringement proceedings

Section 70 revised.

Section 70A: Actionable threats

New section added.

Section 70B: Permitted communications

New section added.

Section 70C: Remedies and defences

New section added.

Section 70D: Professional advisers

New section added.

Section 70E: Supplementary: pending registration

New section added.

Section 70F: Supplementary: proceedings for delivery up etc

New section added.

Section 74: Proceedings in which validity of patent may be put in issue

section 74.03.3 added

Section 78: Effect of filing an application for a European patent (UK)

Section 78.05.1 added.

Section 106: Costs and expenses in proceedings before the Court

Section 106.05.1 added.

Section 125: Extent of invention

s125.04 moved to new paragraph s125.17.1, s125.05 moved to new paragraph s125.17.2, s125.07 moved to new paragraph s125.27, s125.11 and 125.12 deleted, s125.14 amended, s12.15 and 125.16 deleted, s125.17.1 deleted paragraphs and added 117.1.2 to 17.1.6, s125.18 amended, s125.18.1 to s15.18 added, s125.19 to s125.25 deleted, Prosecution history added and s125.26 added.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

SPM3.02.5 amended.

30 June 2017 published amendments

Changes to the Manual of Patent Practice

July 2017 changes added.

Table of cases

New text added for case Nestec SA & Ors v Dualit Ltd & Ors, Novartis AG v Johnson & Johnson [2009] EWHC (Pat) 1671 and Unwired Planet International Ltd v Huawei Technologies Co Ltd & Ors.

Section 2: Novelty

New text added to paragraph to 2.15 and 2.22.1.

Section 5: Priority date

New text added for 5.25.1, 5.25.2 and new paragraph added for 5.25.3.

Section 14: The application

New text added for 14.120.1, 14,124,14136.1, 14.137 and 14.178.

Section 15: Date of filing application

New text added for 15.22 and 15.32.

Section 17: Search

New text added for 17.71 and 17.73.

Section 18: Substantive examination and grant or refusal of patent

New text added for 18.07, 18.07.1,18.07.2 and 18.47.2.

Section 19: General power to amend application before grant

New text added for 19.06, 19.21 and 19.26.

Section 27: General power to amend specification after grant

New text added for 27.11.1.

Section 89A: International and national phases of application

New text added for 89A.20.1

Section 89B: Adaptation of provisions in relation to international application

New text added for 89B.18.

Section 123: Rules

New text added for 123.10.3, 123.47, 123.47.1 and new paragraph added for 123.47.2.

Section 125: Extent of invention

New text added for 125.08.

Section 128B: Supplementary Protection Certificates

New text added for 128B.03

Supplementary Protection Certificates for Medicinal and Plant Protection Products

New text added for SP0.05, SPM1.04.1, SPM3.02.6 and new paragraph for SPM3.02.7.

31 March 2017 published amendments

Changes to the Manual of Patent Practice

March 2017 changes added.

Table of cases

New cases Acumen Design Associates Ltd, MWUK LTD v Fashion at Work Ltd, and Napp Pharmaceutical Holdings v Dr Reddy's Laboratories (UK) Ltd added.

Section 4A: Methods of treatment or diagnosis

New text added to paragraph 4A.31

Section 14: The application

Amendments to paragraphs 14.117.4, 14.120, 14.124, and 14.144 added.

Section 15: Date of filing application

New paragraph 15.46.1 added.

Section 18: Substantive examination and grant or refusal of patent

New paragraphs 18.86.4, 18.86.5 added.

Section 19: General power to amend application before grant

New paragraph 19.22.1 added.

Section 21: Observations by third party on patentability

Amendments to paragraph 21.15 added.

Section 25: Term of patent

Amendment to paragraph 25.12 added.

Section 27: General power to amend specification after grant

New paragraph 27.09.1 added.

Section 40: Compensation of employees for certain inventions

Amends made to paragraph 40.04.2 added.

Section 60: Meaning of infringement

Amendments to paragraphs 60.16.1 and 60.19.2 added.

Section 73: Comptroller's power to revoke patents on his own initiative

New text added to paragraph 73.07.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

New paragraphs SPM 1.04.2 and SPM5.04 added.

Standard titles for online database names

New changes to the TXTA, TXTE TEXTEN, TXTT and Patent Full text added.

2016

30 December 2016 published amendments

Changes to the Manual of Patent Practice

1 October 2016 changes added.

Section 5: Priority date

Text box highlighting April changes removed in light of July updates.

Table of cases

New case marked as ** added for October 2016.

Section 15A: Preliminary examination

October 2016 changes added.

Section 15: Date of filing application

Typo amends to 15.58.

Section 16: Publication of application

Typo on 16.08.

Section 18: Substantive examination and grant or refusal of patent

Paragraph link amended at 18.53.

Section 17: Search

Additional spacing and end bracket added at 17.74 and 17.115.

Section 77: Effect of European patent (UK)

1 October 2016 updates added.

Section 19: General power to amend application before grant

1 October 2016 changes added.

Section 20A: Reinstatement of applications

1 October updates added.

Section 21: Observations by third party on patentability

Paragraph link amended at 21.14.

Section 27: General power to amend specification after grant

New chapter 27.11.1 added.

Sections 32: Register of patents, etc

Amendments to Paragraph 32.06 added.

Section 75: Amendment of patent in infringement or revocation proceedings

Amendments made to chapters 75.04 and 75.07 added.

Section 89A: International and national phases of application

1 October 2016 update added.

Section 89B: Adaptation of provisions in relation to international application

1 October 2016 updates added.

Section 123: Rules

October 2016 updates added.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

Text box highlighting April changes removed in light of July updates.

8 December 2016 published amendments

Section 15: Date of filing application

Typo amends to 15.58.

Section 2: Novelty

Missing closing bracket on 2.06.

Section 17: Search

Additional spacing and end bracket added at 17.74 and 17.115.

Section 14: The application

October 2016 updates added.

Section 18: Substantive examination and grant or refusal of patent

Paragraph link amended at 18.53.

24 October 2016 published amendments

Section 15: Date of filing application

Text renumbered following 15.58.

Section 17: Search

Additional spacing and end bracket added at 17.74 and 17.115.

Section 73: Comptroller's power to revoke patents on his own initiative

Missing bracket added at 73.02.

Section 21: Observations by third party on patentability

Paragraph link amended at 21.14.

Section 18: Substantive examination and grant or refusal of patent

Paragraph link amended at 18.53.

21 October 2016 published amendments

Section 3: Inventive step

Chapter amended to display dedicated content list.

30 September 2016 published amendments

Changes to the Manual of Patent Practice

1 October 2016 changes added.

Table of cases

New case marked as ** added for October 2016.

Section 1: Patentability

Missing bracket added.

Section 3: Inventive step

July 2016 highlighted changes removed.

Section 4A: Methods of treatment or diagnosis

July 2016 highlighted changes removed.

Section 14: The application

October 2016 updates added.

Section 15A: Preliminary examination

October 2016 changes added.

Section 17: Search

July 2016 highlighted changes removed and October 2016 changes added.

Section 18: Substantive examination and grant or refusal of patent

July 2016 highlighted changes removed and October 2016 changes added.

Section 19: General power to amend application before grant

1 October 2016 changes added.

Section 21: Observations by third party on patentability

October 2016 updates added.

Section 27: General power to amend specification after grant

New chapter 27.11.1 added.

Section 20A: Reinstatement of applications

1 October updates added.

Sections 32: Register of patents, etc

Amendments to Paragraph 32.06 added.

Section 73: Comptroller's power to revoke patents on his own initiative

July 2016 highlighted changes removed.

Section 75: Amendment of patent in infringement or revocation proceedings

Amendments made to chapters 75.04 and 75.07 added.

Section 77: Effect of European patent (UK)

1 October 2016 updates added.

Section 89A: International and national phases of application

1 October 2016 update added.

Section 123: Rules

October 2016 updates added.

Section 89B: Adaptation of provisions in relation to international application

1 October 2016 updates added.

Section 117B: Extension of time limits specified by comptroller

July 2016 highlighted changes removed.

8 July 2016 published amendments

Section 1: Patentability

Amended link on 1.15.1.

Section 3: Inventive step

Line spacing on 3.75 and paragraph link added on 3.81.

Section 2: Novelty

Missing closing bracket on 2.06.

Section 16: Publication of application

Typo on 16.08.

Section 17: Search

Square brackets added on 17.03 and 17.36.

Section 18: Substantive examination and grant or refusal of patent

Closing brackets added on 18.09.4, 18.10.2, 18.14 and 18.51.1.

Section 21: Observations by third party on patentability

Typo on 21.02.

Section 15: Date of filing application

15.58 link has been added.

1 July 2016 published amendments

Changes to the Manual of Patent Practice

July changes added.

Table of cases

New cases added see **

Section 1: Patentability

Text box highlighting April changes removed in light of July updates.

Section 2: Novelty

Text box highlighting April changes removed in light of July updates.

Section 4A: Methods of treatment or diagnosis

Text box highlighting April changes removed in light of July updates.
July content update added.

Section 3: Inventive step

Text box highlighting April changes removed in light of July updates.

Section 5: Priority date

Text box highlighting April changes removed in light of July updates.

Section 14: The application

April highlighted changes removed.

Section 15: Date of filing application

Text box highlighting April changes removed in light of July updates.

Section 15A: Preliminary examination

Text box highlighting April changes removed in light of July updates.

Section 17: Search

Paragraph links added from 'Changes to Manual of Patent Practice' Chapter.
Text box highlighting April changes removed in light of July updates.

Section 19: General power to amend application before grant

Link changed at 19.26.

Section 18: Substantive examination and grant or refusal of patent

Paragraph links added from 'Changes to Manual of Patent Practice' Chapter.
Text box highlighting April changes removed in light of July updates.
July content update added.

Section 21: Observations by third party on patentability

Text box highlighting April changes removed in light of July updates.

Sections 32: Register of patents, etc

Text box highlighting April changes removed in light of July updates.

Section 27: General power to amend specification after grant

Text box highlighting April changes removed in light of July updates.

Section 73: Comptroller's power to revoke patents on his own initiative

Text box highlighting April changes removed in light of July updates.

Section 89B: Adaptation of provisions in relation to international application

Text box highlighting April changes removed in light of July updates.

Section 100: Burden of proof in certain cases

Text box highlighting April changes removed in light of July updates.

Section 117B: Extension of time limits specified by comptroller

July content updates added.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

Text box highlighting April changes removed in light of July updates.

14 April 2016 published amendments

Table of cases

Changes to letter 'F, G, J and K' added.

Section 1: Patentability

Paragraph links added.

Section 2: Novelty

Paragraph links added.

Section 3: Inventive step

Paragraph links added.

Section 4: Industrial application

Paragraph links added.

Section 8: Determination before grant of questions about entitlement to patents etc

Paragraph links added.

Section 14: The application

Paragraph links added.

Section 20A: Reinstatement of applications

Paragraph links added.

Section 18: Substantive examination and grant or refusal of patent

Paragraph links added.

Section 36: Co-ownership of patents and applications for patents

Paragraph links added.

Section 40: Compensation of employees for certain inventions

Paragraph links added.

Section 41: Amount of compensation

Paragraph links added.

Section 46: Patentee's application for entry in register that licences are available as of right

Paragraph links added

Section 48: Compulsory licences: general

Paragraph links added.

Section 48B: Compulsory licences: other cases

Paragraph links added.

Section 62: Restrictions on recovery of damages for infringement

Paragraph links added.

Section 71: Declaration or declarator as to non-infringement

Paragraph links added.

Section 70: Remedy for groundless threats of infringement proceedings

Paragraph links added.

Section 72: Power to revoke patents on application

Paragraph links added.

Section 76: Amendments of applications and patents not to include added matter

Paragraph links added.

Section 89: Effect of international application for patent

Paragraph links added.

Section 123: Rules

Paragraph links added.

Section 125: Extent of invention

Paragraph links added.

Section 130: Interpretation

Paragraph links added.

31 March 2016 published amendments

Changes to the Manual of Patent Practice

April changes added.

Table of cases

New cases Allen and Hanbury v Generics, Merrill Lynch's Application, and Magnesium Elektron Ltd v Molycorp Chemicals & Oxides (Europe) Ltd added.

Section 1: Patentability

Section summary changed to read updated April 2016.

Section 2: Novelty

Section summary changed to read updated April 2016.

Section 15: Date of filing application

Changes to 15.58 added.

Section 15A: Preliminary examination

Changes to 15A.01.2 added.

Section 17: Search

Changes to 17.01.2, 17.60, 17.82, 17.111, 17.115, 17.117 and 17.120 added.

Section 18: Substantive examination and grant or refusal of patent

Changes to 18.03.1, 18.14, 18.64 and 18.86 added.

Section 21: Observations by third party on patentability

Changes to 21.02, 21.02.1, 21.05 and 21.06 added.

Sections 32: Register of patents, etc

Changes to 32-07 added.

Section 73: Comptroller's power to revoke patents on his own initiative

Changes to 73.07 added.

Section 89B: Adaptation of provisions in relation to international application

Changes to 89B.12 added.

Section 100: Burden of proof in certain cases

Changes to 100.04 added.

Section 119: Service by post

Changes to 119.08 added.

Regulation (EC) No 1610/96 of the European Parliament and of the council (Plant Protection Products)

Changes to SPP 2.02 and SPP 19.01

Section 3: Inventive step

Section summary changed to read updated April 2016.

11 March 2016 published amendments

Manual of Patent Practice Introduction

Paragraph links added.

Section 1: Patentability

Paragraph links added.

Table of cases

Link to cases starting with letters 'A' to 'E' added within Table of Cases chapter.

Section 2: Novelty

Paragraph links added.

Section 4: Industrial application

Paragraph links added.

Section 4A: Methods of treatment or diagnosis

Paragraph links added.

Section 3: Inventive step

Paragraph links added.

Section 12: Determination of questions about entitlement to foreign and convention patents, etc

Paragraph links added.

Section 5: Priority date

Paragraph links added.

Section 14: The application

Paragraph links added.

Section 15: Date of filing application

Paragraph links added.

Section 20A: Reinstatement of applications

Paragraph links added.

Section 18: Substantive examination and grant or refusal of patent

Paragraph links added.

Section 27: General power to amend specification after grant

Paragraph links added.

Section 28: Restoration of lapsed patents

Paragraph links added.

Section 40: Compensation of employees for certain inventions

Paragraph links added.

Section 29: Surrender of patents

Paragraph links added.

Section 47: Cancellation of entry made under s.46

Paragraph links added.

Section 46: Patentee's application for entry in register that licences are available as of right

Paragraph links added.

Section 48: Compulsory licences: general

Paragraph links added.

Section 48A: Compulsory licences: WTO proprietors

Paragraph links added.

Section 50: Exercise of powers on applications under s.48

Paragraph links added.

Section 60: Meaning of infringement

Paragraph links added.

Section 72: Power to revoke patents on application

Paragraph links added.

Section 73: Comptroller's power to revoke patents on his own initiative

paragraph links added.

Section 75: Amendment of patent in infringement or revocation proceedings

Paragraph links added.

Section 110: Unauthorised claim of patent rights

Paragraph links added.

Section 76: Amendments of applications and patents not to include added matter

Paragraph links added.

Section 123: Rules

Paragraph links added.

Section 117: Correction of errors in patents and applications

Paragraph links added.

Section 125A: Disclosure of invention by specification: availability of samples of biological material

Paragraph links added.

Section 125: Extent of invention

Paragraph links added.

Section 130: Interpretation

Paragraph links added.

19 February 2016 published amendments

Table of cases

Paragraph links added.

Section 1: Patentability

Paragraph links added.

Section 3: Inventive step

Paragraph links added.

Section 2: Novelty

Paragraph links added.

Section 4A: Methods of treatment or diagnosis

Paragraph links added.

Section 4: Industrial application

Paragraph links added.

Section 8: Determination before grant of questions about entitlement to patents etc

Paragraph links added.

Section 10: Handling of application by joint applicants

Paragraph links added.

Section 6: Disclosure of matter, etc, between earlier and later applications

Paragraph links added.

Section 14: The application

Paragraph links added.

Section 18: Substantive examination and grant or refusal of patent

Paragraph links added. Minor typo in 18.38.

Section 28: Restoration of lapsed patents

Paragraph links added.

Section 40: Compensation of employees for certain inventions

Paragraph links added.

Section 48A: Compulsory licences: WTO proprietors

Paragraph links added.

Section 46: Patentee's application for entry in register that licences are available as of right

Paragraph links added.

Section 65: Certificate of contested validity of patent

Paragraph links added.

Section 48B: Compulsory licences: other cases

Paragraph links added.

Section 76: Amendments of applications and patents not to include added matter

Paragraph links added.

Section 72: Power to revoke patents on application

Paragraph links added.

Section 118: Information about patent applications and patents, and inspection of documents

Paragraph links added.

Section 17: Search

Heading (Private applicants' cases) made bold at 17.68.

15 February 2016 published amendments

Section 5: Priority date

Paragraph links added.

Section 14: The application

paragraph links added.

Section 20A: Reinstatement of applications

paragraph links added.

Section 78: Effect of filing an application for a European patent (UK)

paragraph links added.

Section 88A: Implementation of Agreement on a Unified Patent Court

Paragraph links added.

Section 90: Orders in Council as to convention countries

Paragraph links added.

Section 89A: International and national phases of application

Paragraph links added.

Section 99: General powers of the Court

Paragraph links added.

Section 99B: Power of Court of Session to order report

Paragraph links added.

Section 99A: Power of Patents Court to order report

Paragraph links added.

Section 100: Burden of proof in certain cases

Paragraph links added.

Section 104: Privilege for communications with patent agents relating to patent proceedings [Repealed]

Paragraph links added.

Section 103: Extension of privilege for communications with solicitors relating to patent proceedings

Paragraph links added.

Section 105: Extension of privilege in Scotland for communications relating to patent proceedings

Minor typo

Section 117: Correction of errors in patents and applications

Paragraph links added.

Section 115: Power of comptroller to refuse to deal with certain agents [Repealed]

Paragraph links added.

Section 106: Costs and expenses in proceedings before the Court

Paragraph links added.

Section 118: Information about patent applications and patents, and inspection of documents

Paragraph links added.

Section 117A: Effect of resuscitating a withdrawn application under section 117

Paragraph links added.

Section 119: Service by post

Paragraph links added.

Section 123: Rules

paragraph links added.

Section 125: Extent of invention

Paragraph links added.

Section 125A: Disclosure of invention by specification: availability of samples of biological material

Paragraph links added.

Section 130: Interpretation

Paragraph links added.

Section 275: The register of patent attorneys

paragraph links added.

Section 132: Short title, extent, commencement, consequential amendments and repeals

Paragraph links added

Section 278: Use of the term "patent attorney": supplementary provisions

Paragraph links added.

4 February 2016 published amendments

Section 5: Priority date

Paragraph links added.

Section 123: Rules

Paragraph links added.

Section 16: Publication of application

Paragraph links added.

3 February 2016 published amendments

Changes to the Manual of Patent Practice

January changes added.

Table of cases

New cases added

Section 4A: Methods of treatment or diagnosis

January 2016 changes added at 4A.27.1, 4A.29.1 and 4A.31.

Section 5: Priority date

January changes added at 5.23.2.

Section 16: Publication of application

January changes added at 16.04.

Section 20: Failure of application

January changes added at 20.08, 20.09.

Section 24: Publication and certificate of grant

Paragraph links added.

Section 30: Nature of, and transactions in, patents and applications for patents

Paragraph Links added.

Section 33: Effect of registration, etc on rights in patents

Paragraph links added.

Citation formats

New section on 'Citation formats' added.

Standard titles for online database names

New section added.

13 January 2016 published amendments

Section 97: Appeals from the comptroller

January changes added at 97.05.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

January changes added at SPM2.01, SPM3.03.2, SPM8.03.1, SPM13.05.1.

2015

31 December 2015 published amendments

Section 17: Search

January changes added at 17.01.1, 17.05.1, 17.34, 17.68, 17.71, 17.75.

Section 18: Substantive examination and grant or refusal of patent

January changes added at 18.01.2, 18.56, 18.97.

Section 27: General power to amend specification after grant

January changes added at 27.11.

Section 60: Meaning of infringement

January changes added at 60.16.1, 60.19.2.

Section 72: Power to revoke patents on application

Link added to 72.27.

Section 75: Amendment of patent in infringement or revocation proceedings

January changes added at 75.05.1

Section 123: Rules

January changes added at 123.37, 123.47.1.

9 December 2015 published amendments

7 December 2015 published amendments

Section 1: Patentability

New section added.

Section 130: Interpretation

New section added.

Section 113: Offences by corporations

New section added.

Section 106: Costs and expenses in proceedings before the Court

New section added.

Section 117A: Effect of resuscitating a withdrawn application under section 117

New section added.

Section 80: Authentic text of European patents and patent applications

New section added.

Section 43: Supplementary

New section added.

Supplementary Protection Certificates for Medicinal and Plant Protection Products

New section added.

Section 124: Rules, regulations and orders; supplementary

New section added.

Section 125A: Disclosure of invention by specification: availability of samples of biological material

New section added.

Section 85: European patent attorneys [Repealed]

New section added.

Section 23: Restrictions on applications abroad by United Kingdom residents

New section added.

Section 74A: Opinions on matters prescribed in the rules

New section added.

Section 78: Effect of filing an application for a European patent (UK)

New section added.

Section 4A: Methods of treatment or diagnosis

New section added.

Section 86: Implementation of Community Patent Convention [Repealed]

New section added.

Section 74: Proceedings in which validity of patent may be put in issue

New section added.

Glossary of terms and abbreviations used in this Manual

New section added.

Section 74B: Reviews of opinions under section 74A

New section added.

Section 66: Proceedings for infringement by a co-owner

New section added.

Section 91: Evidence of conventions and instruments under conventions

New section added.

Section 48B: Compulsory licences: other cases

New section added.

Section 77: Effect of European patent (UK)

New section added.

Section 30: Nature of, and transactions in, patents and applications for patents

New section added.

Section 128A: EU Compulsory licences

New section added.

Section 46: Patentee's application for entry in register that licences are available as of right

New section added.

Section 278: Use of the term "patent attorney": supplementary provisions

New section added.

Section 38: Effect of transfer of patent under s.37

New section added.

Table of cases

New section added.

Section 28: Restoration of lapsed patents

New section added.

Section 96: The Patents Court [Repealed]

New section added.

Section 291: Proceedings in patents county court [Repealed]

New section added.

Section 277: Persons entitled to describe themselves as European patent attorneys, &c

New section added.

Section 50: Exercise of powers on applications under s.48

New section added.

Sections 32: Register of patents, etc

New section added.

Section 128B: Supplementary Protection Certificates

New section added.

Section 117B: Extension of time limits specified by comptroller

New section added.

Sections 11: Effect of transfer of application under s.8 or 10

New section added.

Section 37: Determination of right to patent after grant

New section added.

Section 58: References of disputes as to Crown use

New section added.

Section 286: Interpretation

New section added.

Section 52: Opposition, appeal and arbitration

New section added.

Regulation (EC) No 1610/96 of the European Parliament and of the council (Plant Protection Products)

New section added.

Section 15A: Preliminary examination

New section added.

Section 67: Proceedings for infringement by exclusive licensee

New section added.

Section 18: Substantive examination and grant or refusal of patent

New section added.

Section 70: Remedy for groundless threats of infringement proceedings

New section added.

Section 5: Priority date

New section added.

Section 59: Special provisions as to Crown use during emergency

New section added.

Section 49: Provisions about licences under s.48

New section added.

Section 82: Jurisdiction to determine questions as to right to a patent

New section added.

Section 103: Extension of privilege for communications with solicitors relating to patent proceedings

New section added.

Section 69: Infringement of rights conferred by publication of application

New section added.

Section 105: Extension of privilege in Scotland for communications relating to patent proceedings

New section added.

Section 47: Cancellation of entry made under s.46

New section added.

Section 19: General power to amend application before grant

New section added.

Section 51: Powers exercisable in consequence of report of Competition and Markets Authority

New section added.

Section 9: Determination after grant of questions referred before grant

New section added.

Section 48A: Compulsory licences: WTO proprietors

New section added.

Section 112: Misuse of title "Patent Office"

New section added.

Section 118: Information about patent applications and patents, and inspection of documents

New section added.

Section 31: Nature of, and transactions in, patents and applications for patents in Scotland

New section added.

Section 118A: Copyright in documents made available electronically for inspection under section 118(1) [Repealed]

New section added.

Section 54: Special provisions where patented invention is being worked abroard

New section added.

Section 292: Rights and duties of registered patent agents in relation to proceedings in patents county court [Repealed]

New section added.

Section 111: Unauthorised claim that patent has been applied for

New section added.

Section 79: Operation of s.78 in relation to certain European patent applications

New section added.

Section 104: Privilege for communications with patent agents relating to patent proceedings [Repealed]

New section added.

Section 21: Observations by third party on patentability

New section added.

Section 12: Determination of questions about entitlement to foreign and convention patents, etc

New section added.

Section 76: Amendments of applications and patents not to include added matter

New section added.

Section 294: When application may be made for settlement of terms of licence [spent]

New section added.

Section 102: Right of audience, etc., in proceedings before the comptroller

New section added.

Section 101: Exercise of comptroller's discretionary powers

New section added.

Section 3: Inventive step

New section added.

Section 100: Burden of proof in certain cases

New section added.

Section 84: Patent agents and other representatives [Repealed]

New section added.

Section 124A: Use of electronic communications

New section added.

Section 20A: Reinstatement of applications

New section added.

Section 121: Comptroller's annual report

New section added.

Section 53: Compulsory licences; supplementary provisions

New section added.

Section 25: Term of patent

New section added.

Section 93: Enforcement of orders for costs

New section added.

Section 287: Patents county courts: special jurisdiction [Repealed]

New section added.

Changes to the Manual of Patent Practice

New section added.

Section 108: Licences granted by order of comptroller

New section added.

Section 94: Communication of information to the European Patent Office, etc

New section added.

Section 75: Amendment of patent in infringement or revocation proceedings

New section added.

Section 114: Restrictions on practice as patent agent [Repealed]

New section added.

Section 131: Northern Ireland

New section added.

Section 61: Proceedings for infringement of patent

New section added.

Section 26: Patent not to be impugned for lack of unity

New section added.

Section 62: Restrictions on recovery of damages for infringement

New section added.

Section 126: Stamp duty [repealed]

New section added.

Section 42: Enforceability of contracts relating to employees' inventions

New section added.

Section 274: Persons permitted to carry on business of a patent agent

New section added.

Section 22: Information prejudicial to national security or safety of public

New section added.

Section 14: The application

New section added.

Section 73: Comptroller's power to revoke patents on his own initiative

New section added.

Section 57A: Compensation for loss of profit

New section added.

Section 55: Use of patented inventions for services of the Crown

New section added.

Section 17: Search

New section added.

Section 63: Relief for infringement of partially valid patent

New section added.

Section 129: Application of Act to Crown

New section added.

Section 97: Appeals from the comptroller

New section added.

Section 50A: Powers exercisable following merger and market investigations

New section added.

Section 120: Hours of business and excluded days

New section added.

Section 275: The register of patent attorneys

New section added.

Section 64: Right to continue use begun before priority date

New section added.

Section 115: Power of comptroller to refuse to deal with certain agents [Repealed]

New section added.

Section 83: Effect of patent decisions of competent authorities of other states

New section added.

Section 90: Orders in Council as to convention countries

New section added.

Section 8: Determination before grant of questions about entitlement to patents etc

New section added.

Section 280: Privilege for communications with patent agents

New section added.

Section 123: Rules

New section added.

Section 36: Co-ownership of patents and applications for patents

New section added.

Section 92: Obtaining evidence for proceedings under the European Patent Convention

New section added.

Section 290: Limitation of costs where pecuniary claim could have been brought in patents county court [Repealed]

New section added.

Section 131A: Scotland

New section added.

Section 275A: Regulation of patent attorneys

New section added.

Section 76A: Biotechnological inventions

New section added.

Section 116: Immunity of department as regards official acts

New section added.

Section 33: Effect of registration, etc on rights in patents

New section added.

Section 109: Falsification of register etc

New section added.

Section 56: Interpretation, etc., of provisions about Crown use

New section added.

Section 20B: Effect of reinstatement under section 20A

New section added.

Section 10: Handling of application by joint applicants

New section added.

Section 48: Compulsory licences: general

New section added.

Section 293: Restriction of acts authorised by certain licences

New section added.

Section 288: Financial limits in relation to proceedings within special jurisdiction of patents county court [Repealed]

New section added.

Section 88B: Designation as international organisation of which UK is member

New section added.

Section 102A: Right of audience, etc., in proceedings on appeal from the comptroller [Repealed]

New section added.

Section 295: Patents: miscellaneous amendments

New section added.

Section 89B: Adaptation of provisions in relation to international application

New section added.

Manual of Patent Practice Introduction

New section added.

Section 89A: International and national phases of application

New section added.

Section 39: Right to employees' inventions

New section added.

Section 110: Unauthorised claim of patent rights

New section added.

Section 24: Publication and certificate of grant

New section added.

Section 44: Avoidance of certain restrictive conditions [repealed with savings]

New section added.

Section 279: Power to prescribe conditions etc for mixed partnerships and bodies corporate [Repealed]

New section added.

Section 285: Offences committed by partnerships and bodies corporate

New section added.

Section 281: Power of comptroller to refuse to deal with certain agents

New section added.

Section 27: General power to amend specification after grant

New section added.

Section 276: Persons entitled to describe themselves as patent agents

New section added.

Section 34: Rectification of register

New section added.

Section 99A: Power of Patents Court to order report

New section added.

Section 132: Short title, extent, commencement, consequential amendments and repeals

New section added.

Section 57: Rights of third parties in respect of Crown use

New section added.

Section 35: Evidence of register, documents, etc [Repealed]

New section added.

Section 125: Extent of invention

New section added.

Section 98: Proceedings in Scotland

New section added.

Section 7: Right to apply for and obtain a patent

New section added.

Section 87: Decisions on Community Patent Convention [Repealed]

New section added.

Section 28A: Effect of order for restoration of patent

New section added.

Section 99: General powers of the Court

New section added.

Section 81: Conversion of European patent applications

New section added.

Section 99B: Power of Court of Session to order report

New section added.

Section 60: Meaning of infringement

New section added.

Section 13: Mention of inventor

New section added.

Section 72: Power to revoke patents on application

New section added.

Section 117: Correction of errors in patents and applications

New section added.

Section 2: Novelty

New section added.

Section 88A: Implementation of Agreement on a Unified Patent Court

New section added.

Section 20: Failure of application

New section added.

Section 71: Declaration or declarator as to non-infringement

New section added.

Section 122: Crown's right to sell forfeited articles

New section added.

Section 4: Industrial application

New section added.

Section 65: Certificate of contested validity of patent

New section added.

Section 45: Determination of parts of certain contracts [repealed with savings]

New section added.

Section 119: Service by post

New section added.

Section 15: Date of filing application

New section added.

Section 41: Amount of compensation

New section added.

Section 127: Existing patents and applications

New section added.

Section 95: Financial provisions

New section added.

Section 88: Jurisdiction in legal proceedings in connection with Community Patent Convention [Repealed]

New section added.

Section 128: Priorities between patents and applications under 1949 Act and this Act [spent]

New section added.

Section 29: Surrender of patents

New section added.

Section 107: Costs and expenses in proceedings before the comptroller

New section added.

Section 6: Disclosure of matter, etc, between earlier and later applications

New section added.

Section 40: Compensation of employees for certain inventions

New section added.

Section 16: Publication of application

New section added.

Section 89: Effect of international application for patent

New section added.

Section 68: Effect of non-registration on infringement proceedings

New section added.