Patent Office - European National Trade Mark Offices
Patent Office - European National Trade Mark Offices
Patent Office - European National Trade Mark Offices
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
xx <strong>Patent</strong>s and Designs Journal No. 5940 26 March 2003<br />
Notices - cont<br />
Electronic Communications on <strong>Patent</strong>s Matters with the<br />
<strong>Patent</strong> <strong>Office</strong><br />
The <strong>Office</strong> will soon be in a position to allow certain new forms of electronic<br />
communication on patents matters between the <strong>Patent</strong>s Directorate and its customers.<br />
There are two stages yet to be completed before that will be possible:<br />
(1) the adaption of the legal framework, and;<br />
(2) the making of directions under the new legal framework.<br />
(1) The adaption of the legal framework<br />
It is anticipated that from 1 April 2003 the <strong>Patent</strong>s Act 1977 and The <strong>Patent</strong>s Rules 1995<br />
will be amended by two Statutory Instruments. The two instruments are:<br />
The <strong>Patent</strong>s Act 1977 (Electronic Communications) Order 2003, and;<br />
The <strong>Patent</strong>s (Electronic Communications)(Amendment) Rules 2003<br />
The <strong>Patent</strong>s Act 1977 (Electronic Communications) Order 2003 is an Order made under the<br />
provisions of Sections 8 and 9 of the Electronic Communications Act 2000 and its effect<br />
will be to introduce a new section, section 124A, into the <strong>Patent</strong>s Act. Section 124A will<br />
allow the comptroller to make directions as to the form of electronic patent documents<br />
and the manner by which they are delivered by electronic communications to the <strong>Office</strong>.<br />
The <strong>Patent</strong>s (Electronic Communications)(Amendment) Rules 2003 is an associated<br />
Statutory Instrument which will update The <strong>Patent</strong>s Rules 1995 to allow for electronic<br />
communications.<br />
The new provisions set out in the two instruments reflect provisions that appeared in a<br />
draft Order which formed part of the <strong>Office</strong>’s electronic communications consultation<br />
which closed on 16 August 2002. The introduction of these two Statutory Instruments will<br />
not affect the <strong>Office</strong>’s existing electronic services for which guidance has already been<br />
issued.<br />
(2) Making directions<br />
By making directions under section 124A the comptroller will put in place a structured<br />
system for communicating with the <strong>Office</strong> on patent matters using electronic<br />
communications. These directions will also ensure the <strong>Office</strong> can interpret electronic<br />
communications that are sent to it.<br />
All new electronic services from the <strong>Patent</strong>s Directorate will be subject to specific<br />
directions and the comptroller will advertise these directions in this Journal at least 12<br />
weeks before the service comes into operation. It is envisaged that directions will issue<br />
shortly to allow patent applications to be withdrawn by an email message.<br />
A further notice will appear once the Statutory Instruments are in force.
Change language