ANNEX TO EXPLANATORY NOTES: PATENTS ACT 2004:AMENDMENTS TO THE PATENTS ACT 1977 Section 46 – Patentee’s application for entry in register that licences are available as of right
(3)Where such an entry is made in respect of a patent –
[ sub-paragraphs (a) to (c) are unchanged ]
(d)the renewal fee payable in respect of the patent after the date of the entry shall be half the fee which would be payable if the entry had not been made.
(d)if the expiry date in relation to a renewal fee falls after the date of the entry, that fee shall be half the fee which would be payable had the entry not been made.
(3A)An undertaking under subsection (3)(c) above may be given at any time before final order in the proceedings, without any admission of liability.
(3B)For the purposes of subsection (3)(d) above the expiry date in relation to a renewal fee is the day at the end of which, by virtue of section 25(3) above, the patent in question ceases to have effect if that fee is not paid.