Patents (Amendment) Act 2006

Effect of European patent (section 119 of Principal Act).

29.— Section 119 of the Principal Act is amended—

(a) in subsection (2), by inserting “, limitation” after “amendment”,

(b) in subsection (4)—

(i) by inserting “, limited” after “amended” and

(ii) by inserting “or limitation” after “amendment”,

(c) in subsection (5)—

(i) by substituting the following for paragraph (a):

“(a) under the European Patent Convention a European patent designating the State—

(i) is revoked for failure to observe a time limit and is subsequently restored, or

(ii) is revoked by the Board of Appeal and is subsequently restored by the Enlarged Board of Appeal,

and”,

and

(ii) by substituting “the person shall have the rights conferred by subsections (8)(c) and (10) of section 37 and subsections (9) and (11) of that section shall apply accordingly.” for “he shall have the same protection as if an order had been made under section 37(7).”,

and

(d) in subsection (6)(b)—

(i) by inserting “or a limitation” after “amendment”, and

(ii) by inserting “or limited” after “amended”.