S T A T U T O R Y  I N S T R U M E N T S  
2014 No. 2411 
PATENTS 
The Patents (Supplementary Protection Certificates)  Regulations 
2014 
Made - - - - 8th September 2014 
Laid before Parliament 10th September 2014 
Coming into force - - 1st October 2014 
 
The Secretary of State has been designated for the purposes of section 2(2) of the European 
Communities Act 1972( a) in relation to intellectual property (including b oth registered and 
unregistered rights)( b). 
The Secretary of State makes the following Regulati ons under the powers conferred by that 
section as read with paragraph 1A of Schedule 2 to that Act( c). 
The Regulations make provision for a purpose mentio ned in that section and it appears to the 
Secretary of State that it is expedient for the ref erence to Regulation (EC) No 469/2009 of the 
European Parliament and of the Council of 6th May 2 009 concerning the supplementary 
protection certificate for medicinal products( d) to be construed as a reference to that instrument  as 
amended from time to time. 
Citation, commencement and extent 
1. —(1) These Regulations may be cited as the Patents (Supplementary Protection Certificates) 
Regulations 2014. 
(2)  These Regulations come into force on 1st October 20 14. 
(3)  These Regulations have the same extent as the Paten ts Act 1977( e), except that they do not 
extend to the Isle of Man. 
Amendment of the Patents Act 1977 
2. —(1) The Patents Act 1977 is amended as follows. 
                                                                                                                                            
(a) 1972 c.68; section 2(2) was amended by the Legisl ative and Regulatory Reform Act 2006 (c.51), sectio n 27(1) and the 
European Union (Amendment) Act 2008 (c.7), section 3(3) and Part 1 of the Schedule. 
(b) S.I. 2006/608. 
(c) 1972 c.68; paragraph 1A of Schedule 2 was inserte d by the Legislative and Regulatory Reform Act 2006  (c.51), section 28 
and amended by the European Union (Amendment) Act 2 008 (c.7), section 3(3) and Part 1 of the Schedule.  
(d) OJ No L152, 16.6.2009, p.1. 
(e) 1977 c.37; section 128B and Schedule 4A were inse rted by S.I. 2007/3293.  2 (2)  In section 128B (supplementary protection certifica tes), in subsection (2)(a), for “Council 
Regulation (EEC) No 1768/92 of 18th June 1992 conce rning the creation of a supplementary 
protection certificate for medicinal products”( a) substitute “Regulation (EC) No 469/2009 of the 
European Parliament and of the Council of 6th May 2 009 concerning the supplementary 
protection certificate for medicinal products”. 
(3)  In Schedule 4A (supplementary protection certificat es)— 
(a)  in paragraph 7(a), for “Council Regulation (EEC) No  1768/92 of 18th June 1992 
concerning the creation of a supplementary protecti on certificate for medicinal products” 
substitute “Regulation (EC) No 469/2009 of the Euro pean Parliament and of the Council 
of 6th May 2009 concerning the supplementary protec tion certificate for medicinal 
products”; 
(b)  after paragraph 7 insert— 
“Transitional provision 
8. —(1) A reference (express or implied) in this Act t o the Medicinal Products Regulation, 
or a provision of it, is to be read as being or (su bject to context) including a reference to the 
old Regulation, or the corresponding provision of t he old Regulation, in relation to times, 
circumstances or purposes in relation to which the old Regulation, or that provision, had 
effect. 
(2) Other than in relation to times, circumstances or purposes referred to in subparagraph 
(1), anything done, or having effect as if done, un der (or for the purposes of or in reliance 
on) the old Regulation or a provision of the old Re gulation and in force or effective 
immediately before 1st October 2014 (the day on whi ch the Patents (Supplementary 
Protection Certificates) Regulations 2014 came into  force) has effect on or after that date 
for the purposes of this Act as if done under (or f or the purpose of or in reliance on) the 
Medicinal Products Regulation or the corresponding provision of it. 
(3) In this paragraph “the old Regulation” means Co uncil Regulation (EEC) No 1768/92 
of 18th June 1992 concerning the creation of a supp lementary protection certificate for 
medicinal products.” 
 
 Baroness Neville-Rolfe  
 Parliamentary Under Secretary of State for Busines s, Innovation and Skills 
8th September 2014 Department for Business, Innovat ion and Skills 
 
 
EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations amend the references in section 1 28B(2) of, and paragraph 7(a) of Schedule 4A 
to, the Patents Act 1977 (“the Act”) to Council Reg ulation (EEC) No 1768/92 of 18th June 1992 
concerning the creation of a supplementary protecti on certificate for medicinal products. This 
Regulation, as amended, was codified in Regulation (EC) No 469/2009 of the European 
Parliament and of the Council of 6th May 2009 conce rning the supplementary protection 
certificate for medicinal products (“codified versi on”). 
Section 128B(2)(a) of the Act has been amended to r efer to supplementary protection 
certificates issued under the codified version.  Th e definition in paragraph 7(a) of Schedule 4A has 
been updated to refer to the codified version. 
The reference to the codified version will be ambul atory to include such amendments as are 
made to it from time to time. This derives from par agraph 6(2) of Schedule 4A to the Act. 
                                                                                                                                            
(a) OJ No L182, 2.7.1992, p.1.  3 A new paragraph 8 has been added to Schedule 4A to the Act to make transitional provision to 
provide for a reference in the Act to the codified version to be read as being or including a 
reference to Council Regulation (EEC) No 1768/92 in  relation to times, circumstances or purposes 
in relation to which that Regulation had effect.  O ther than in relation to such times, circumstances 
or purposes, anything done, or having effect as if done, under Council Regulation (EEC) No 
1768/92 will, after these Regulations come into for ce, have effect for the purposes of the Act as if 
done under the codified version. 
A full regulatory impact assessment has not been pr oduced for this instrument as no impact on 
the private or voluntary sectors is foreseen. 
  
  
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