Patents Citation and commencement 1 These Rules may be cited as the Patents (Amendment) (No. 2) Rules 2014 and come into force on 1st October 2014. Amendments to the Patents Rules 2007 2 The Patents Rules 2007 are amended as follows. New applications governed by rule 19 3 In rule 19(4)(a), after “report”, insert “under section 18 ”. Payment of fees under section 77(5A) of the Patents Act 1977 following restoration of a European patent (UK) 4 In rule 36(1), in the definition of “renewal period”, after “payment of a renewal fee”, insert “unless a renewal fee is payable by virtue of section 77(5A), in which case in this rule and in rules 39 and 41 “ renewal period ” means the period in which the fee is payable under section 77(5A) and rule 41A”. 5 In rule 36(2), for “effect at the end of the renewal date.”, substitute— effect— a where the renewal fee is payable by virtue of section 77(5A), at the end of the final day of the renewal period; b in any other case, at the end of the renewal date. 6 For rule 39(2), substitute— 2 If the renewal fee remains unpaid, the comptroller must send a renewal notice to the proprietor of the patent— a where the renewal fee is payable by virtue of section 77(5A), before the end of the period of six weeks beginning immediately after the later of— i the end of the renewal period, and ii the date on which the comptroller receives notification of the restoration of the patent from the European Patent Office ; b in any other case, before the end of the period of six weeks beginning immediately after the end of the renewal period. 7 After rule 41, insert— Payment of fees under section 77(5A) following restoration of a European patent (UK) 41A The prescribed period for the purposes of section 77(5A) is two months. 8 In Schedule 4, Part 1, after the entry in respect of rule 40(1), insert the following entry— rule 41A (payment of fees under section 77(5A) following restoration of a European patent (UK) ) . Opinions on prescribed matters 9 In rule 44(5)(a), omit “(a) or (b)”. 10 After rule 93(5), insert— 6 The prescribed matters for the purposes of section 74A(1) are as follows— a whether a particular act constitutes, or (if done) would constitute, an infringement of the patent; b whether, or to what extent, an invention for which the patent has been granted is not a patentable invention ; c whether the specification of the patent discloses the invention clearly enough and completely enough for it to be performed by a person skilled in the art; d whether the matter disclosed in the specification of the patent extends beyond that disclosed in the application for the patent as filed or, if the patent was granted on a new application, in the earlier application as filed; e whether the protection conferred by the patent has been extended by an amendment which should not have been allowed; f whether a supplementary protection certificate is invalid under Article 15 of the Medicinal Products Regulation ; and g whether a supplementary protection certificate is invalid under Article 15 of the Plant Protection Products Regulation . Baroness Neville-Rolfe Parliamentary Under Secretary of State for Business, Innovation and Skills Department for Business, Innovation and Skills 8th September 2014