Jersey Law 13/1981
PATENTS (AMENDMENT) (JERSEY) LAW, 1981.
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A LAW to amend the Patents
(Jersey) Law, 1957, sanctioned by Order of Her Majesty in Council of the
16th day of DECEMBER, 1981
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(Registered on the
15th day of January, 1982).
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STATES OF JERSEY.
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The 24th day of
February, 1981.
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THE
STATES, subject to the sanction of Her Most Excellent Majesty in Council,
have adopted the following Law –
ARTICLE
1
Article 1 of the Patents (Jersey) Law, 1957
(hereinafter referred to as “the principal Law”) shall be amended
in paragraph(1) –
(a) by
inserting after the definition of “the Comptroller-General” the
following definitions –
“ ‘the date of the grant’ means –
(a) in
relation to a patent under the Patents Act 1949, the date of sealing of the
patent under section 19 of that Act;
(b) in
relation to a patent under the Patents Act 1977, the date upon which the patent
takes effect pursuant to section 25 of that Act; and
(c) in
relation to a European patent (UK), the date upon which the patent takes effect
in the United Kingdom pursuant to section 77 of the Patents Act 1977;
‘European Patent Convention’ means the Convention on
the Grant of European Patents;
‘European patent (UK)’ means a patent granted under the
European Patent Convention designating the United Kingdom;”;
(b) by
deleting the definition of “patent” and substituting the following
definition –
“ ‘patent’ means a patent granted under the
Patents Act 1949 or under the Patents Act 1977 and means also a European patent
(UK) that has effect in the United Kingdom pursuant to section 77 of the
Patents Act 1977;”;
(c) by
deleting the definition of “the Patents Act” and substituting the
following definitions –
“ ‘Patents Act 1949’ means the Patents Act 1949
(12, 13 and 14 Geo.6, c.87);
‘Patents Act 1977’ means the Patents Act 1977 (1977
c.37);”;
(d) by
inserting after the definition of “patentee” the following
definition –
“ ‘priority date’ has the meaning assigned to it
–
(a) in
the case of a patent under the Patents Act 1949, by section 5 of that Act;
(b) in
the case of a patent under the Patents Act 1977, by section 5 of that Act;
(c) in
the case of a European patent (UK), by section 5 of the Patents Act 1977,
subject to the incidents and modifications mentioned in section 78 of that
Act;”.
ARTICLE
2
Article 2 of the principal Law shall be
amended by deleting the word “patent” and substituting the words
“Letters Patent for an invention”.
ARTICLE
3
Article 4 of the principal Law shall be
amended –
(a) by
deleting paragraph (3) and substituting the following paragraph –
“(3) An
application under this Article shall be accompanied by a copy of the
specification of the patent as granted or as taking effect in the United
Kingdom, certified by such person as may be prescribed by rules of court to be
a true copy, together with the drawings (if any) relating to the patent and
such application shall in other respects be made in such manner and be
accompanied by such documents as may be prescribed by rules of court.”;
(b) in
clause (ii) of sub-paragraph (a) of paragraph (5) by deleting the words
“, in accordance with section five of the Patents Act,”;
(c) in
sub-paragraph (b) of paragraph (5) by deleting the words “in the United
Kingdom”.
ARTICLE
4
Article 5 of the principal Law shall be
amended –
(a) by
being renumbered as paragraph (1) thereof; and
(b) by
inserting the following paragraphs –
“(2) The
word ‘patent’ where used in paragraph (1) of this Article shall not
include a European patent (UK).
(3) Where
a European patent (UK) has been registered and where such patent is amended in
accordance with the European Patent Convention, and the amendment has been
treated by the proper authority in the United Kingdom for the purposes of Parts
I and III of the Patent Act 1977 as if it had been made under that Act, the
person in whose name the patent is registered may apply to the Judicial Greffier in such manner as may be prescribed by rules of
court for the registration of such amendment and the provisions of this Law
shall apply in relation to such an application as if it were an application for
the registration of a patent.
(4) Where
a European patent (UK) has been registered and where –
(a) under
the European Patent Convention or the Patents Act 1977 it has been restored
after ceasing to remain in force in the United Kingdom; and
(b) the
restoration has effect or is treated as having effect under the Patents Act
1977;
the person in whose name the patent is registered may apply to the
Judicial Greffier in such manner as may be prescribed
by rules of court for the registration of the restoration and the provisions of
this Law shall apply in relation to such application as if it were an
application for the registration of a patent.”.
ARTICLE
5
Article 8 of the principal Law shall be
amended by deleting paragraph (2) and substituting the following paragraphs
–
“(2) Privileges
and rights so conferred shall date from the date of the grant of the patent and
shall continue in force for so long only as the patent remains in force in the
United Kingdom.
(3) No
action for infringement of a patent shall be entertained –
(a) subject
to the provisions of paragraph (4) of this Article, in respect of any act done
prior to the date of the registration of the patent; or
(b) where
a patent has been restored, unless such restoration has been registered; or
(c) where
an order has been made extending the term of the patent, unless such order has
been registered.
(4) An
action for infringement of a patent may be entertained in respect of any act
done on or after the date which under the Patents Act 1977 is, or is treated
as, the date of publication of the application where –
(a) the
application for registration was made before the expiration of six months after
the date of the grant of the patent;
(b) the
patent has been registered; and
(c) the
act would, if the patent had been registered on the date which under the
Patents Act 1977 is, or is treated as, the date of publication of the
application, have infringed not only the patent but also the claims to which
section 69 of that Act has reference.”.
ARTICLE
6
Article 9 of the principal Law shall be
amended in paragraph (1) by deleting the words “, in accordance with
section five of the Patents Act,” and the words “in the United Kingdom”.
ARTICLE
7
Article 16 of the principal Law shall be
amended in paragraph (1) by deleting the words “after the date of the
registration of the patent or” and the words “whichever is the
later,”.
ARTICLE
8
Article 20 of the principal Law shall be amended
by deleting paragraph (3) and substituting the following paragraph –
“(3) In
this Article ‘convention country’ means any country which is a
party to the Convention for the Protection of Industrial Property signed at
Paris on the twentieth day of March, 1883 (which Convention is also known as
the Union of Paris).”.
ARTICLE
9
Article 22 of the principal Law shall be
amended by deleting the words “not exceeding five pounds”.
ARTICLE
10
(1) This
Law may be cited as the Patents (Amendment) (Jersey) Law, 1981.
(2) This
Law shall come into force on such day or days as the States may by Act appoint,
and different days may be fixed for different purposes and different provisions
of this Law.
R.S. GRAY,
Deputy Greffier of the States.