ANNEX TO EXPLANATORY NOTES: PATENTS ACT 2004:AMENDMENTS TO THE PATENTS ACT 1977 Section 74 – Proceedings in which validity of patent may be put in issue
(8)It is hereby declared that for the purposes of this Act the validity of a patent is not put in issue merely because –
(a)the comptroller is considering its validity in order to decide whether to revoke it under section 73 above, or
(b)its validity is being considered in connection with an opinion under section 74A below or a review of such an opinion.