Statutory Instrument 2002 No. 3052

The Contracting Out (Functions in Relation to Applications for Patents) Order 2002

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(a) "the comptroller" means the Comptroller-General of Patents, Designs and Trade Marks;

(b) "the Patents Act" means the Patents Act 1977[3]; and

(c) "the Patents Rules" means the Patents Rules 1995[4].

Contracting out of functions of the comptroller in relation to applications for patents
     3. Any function of the comptroller which relates to or is connected with applications for patents and which is listed in Schedule 1 to this Order may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the comptroller - 

(a) either wholly or to such extent as may be specified in the authorisation;

(b) either generally or in such cases or areas as may be so specified; and

(c) either unconditionally or subject to the fulfilment of such conditions as may be so specified.

Contracting out of functions of examiners in relation to patent examinations and searches
     4. Any function of an examiner of the Patent Office which relates to or is connected with patent examinations and searches and which is listed in Schedule 2 to this Order may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the comptroller - 

(a) either wholly or to such extent as may be specified in the authorisation;

(b) either generally or in such cases or areas as may be so specified; and

(c) either unconditionally or subject to the fulfilment of such conditions as may be so specified.

Supplementary
     5. Anything which is authorised or required by or under any provision or rule listed in Schedule 2 to this Order to be referred to an examiner of the Patent Office may be referred, wholly or partly, to such person (if any) as may be authorised by virtue of article 4 above.


Melanie Johnson,
Parliamentary Under-Secretary of State for Competition, Consumers and Markets, Department of Trade and Industry

11th December 2002

(a) section 17[5] (other than subsection (2)) (preliminary examination and search); and

(b) section 18[6] (substantive examination).

     2. Functions conferred by or under rule 37(3) of the Patents Rules (observations on patentability).

[2] See section 79(1) for the definitions of "Minister" and "office-holder".back

[3] 1977 c. 37.back

[4] S.I. 1995/2093, to which there are amendments not relevant to this Order.back

[5] Words in subsection (7) of section 17 were substituted by section 295 of, and paragraph 3(2) of Schedule 5 to, the Copyright, Designs and Patents Act 1988 (c. 48) ("the 1988 Act"). Subsection (8) of section 17 was added by section 295 of, and paragraph 3(3) of Schedule 5 to, the 1988 Act.back

[6] Subsection (1A) of section 18 was inserted by section 295 of, and paragraph 4 of Schedule 5 to, the 1988 Act.back