Clause 117

Where an application has been made under section 3 of the Registration of United Kingdom Patents Act before the appointed day of section 116(2), the Registrar may issue a certificate of registration under section 5 of that Act after that day as if that Act had not been repealed.

Where a patent has been granted under the United Kingdom Patents Act 1977 not earlier than 36 months before, or not later than 12 months after, the appointed day of section 116(2), the proprietor of the patent may, within a period of 24 months from the appointed day of this Act, make an application for a certificate of registration and the Registrar may issue a certificate on such application as if the Registration of United Kingdom Patents Act [Cap. 271] had not been repealed.

Any certificate of registration issued under section 5 of the Registration of United Kingdom Patents Act and is in force immediately before the appointed day of section 116(2) or issued after that day by virtue of subsection (1) or (2) shall continue in force and the patent to which the certificate relates shall be treated for the purposes of this Act as if it were a patent under this Act granted in pursuance of an application made under this Act and the proprietor of the patent shall accordingly have the same rights, remedies, privileges and obligations and subject to the same conditions (including the payment of any fee prescribed under section 36), as the proprietor of a patent under this Act subject to the following modifications:

A patent to which subsection (3) applies shall be treated for the purposes of sections 14(3) and 17(2) as being granted on an application with a date of filing under this Act and published under this Act.

The date of filing an application for a patent as mentioned in subsection (4), and the priority date of an invention or other matter contained in that application, shall be determined in accordance with the provisions of the United Kingdom Patents Act 1949 or 1977, as the case may be.

Where before the appointed day of this Act, an application for a patent has been made under the United Kingdom Patents Act 1977 or an application designating the United Kingdom has been filed at the European Patent Office, and the application is pending on that day, the applicant may, within 12 months from that day, make an application for the grant of a patent under this Act and the application shall, subject to any prescribed modifications, be accorded a filing date and a right of priority which have been accorded to it in the United Kingdom.

Where an act is commenced before the appointed day of this Act and continues to be done on or after that day, then, if it would not, under the law in force immediately before that day, amount to an infringement of a patent or the privileges or rights arising under a specification, its continuance on or after that day shall not amount to the infringement of that patent or those privileges or rights.

On the appointed day of section 116(2), the Register of Patents kept under section 13 of the repealed Registration of United Kingdom Patents Act [Cap. 271] shall be taken to form part of the register of patents kept under this Act.

Notwithstanding section 116(1), sections 13 and 14 of the Patents (Compulsory Licensing) Act [Cap. 221] and the rules made thereunder in force immediately before the appointed day shall continue to apply in relation to the making, importation or obtaining by or on behalf of the Government of any patented medicine or drug under section 13 before that day.