S T A T U T O R Y  I N S T R U M E N T S  
2021 No. 355 
INTELLECTUAL PROPERTY 
PATENTS 
The Patents (European Patent with Unitary Effect an d Unified 
Patent Court) (Repeal and Revocation) Regulations 2 021 
Sift requirements satisfied 2nd March 2021 
Made  - - - - 17th March 2021 
Laid before Parliament 19th March 2021 
Coming into force - - 12th April 2021 
The Secretary of State makes the following Regulati ons in exercise of the powers conferred by 
section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 
2018( a) and section 124(3) of the Patents Act 1977( b). 
The requirements of paragraph 3(2) of Schedule 7 to  the European Union (Withdrawal) Act 2018 
(relating to the appropriate procedure for these Re gulations) have been satisfied. 
Citation, commencement and extent 
1. —(1) These Regulations may be cited as the Patents (European Patent with Unitary Effect and 
Unified Patent Court) (Repeal and Revocation) Regul ations 2021. 
(2)  These Regulations come into force on 12th April 202 1. 
(3)  The repeals of the provisions of the Patents Act 19 77 and the Intellectual Property Act 
2014( c) made by these Regulations come into force in acco rdance with paragraph (2) immediately 
after the other provisions of these Regulations com e into force in accordance with paragraph (2). 
(4)  Any repeal or revocation made under these Regulatio ns has the same extent as the provision 
repealed or revoked. 
Repeals and revocations 
2.  The enactments listed in the Schedule are repealed  and revoked to the extent specified. 
 
 
 
 
                                                                                                                                            
(a) 2018 c.16. Paragraph 21 of Schedule 7 is amended by the European Union (Withdrawal) Act 2020 (c. 1),  Schedule 5, 
paragraph 53. 
(b) 1977 c. 37. 
(c) 2014 c.18.  2 
 Amanda Solloway  
 Parliamentary Under Secretary of State 
17th March 2021 Department for Business, Energy and  Industrial Strategy 
 
 SCHEDULE Regulation 2 
Repeals and revocations 
Repeals 
1.  The enactments listed in column 1 of the table are  repealed to the extent specified in column 
2. 
 
Short Title Extent of repeal 
The Patents Act 1977( a) Sections 88A and 88B. 
The Intellectual Property Act 2014( b) Section 17. 
The Intellectual Property (Unjustified Threats) 
Act 2017( c) Section 1(3) and (8). 
Revocations 
2.  The enactments listed in column 1 of the table are  revoked to the extent specified in column 2. 
 
Enactment Extent of revocation 
The Patents (European Patent with Unitary 
Effect and Unified Patent Court) Order 2016( d) The whole Order. 
The Patents (Amendment) Rules 2016( e) The whole Rules. 
The Patents (Isle of Man) (Amendment) Order 
2017( f) The whole Order. 
The Intellectual Property (Unjustified Threats) 
Act 2017 (Commencement and Transitional 
Provisions) Regulations 2017( g) Regulation 2(2). 
The Unified Patent Court (Immunities and 
Privileges) Order 2018( h) The whole Order. 
 
 
                                                                                                                                            
(a) 1977 c. 37. 
(b) 2014 c. 18. 
(c) 2017 c. 14. 
(d) S.I. 2016/388. 
(e) S.I. 2016/517. 
(f) S.I. 2017/162. 
(g) S.I. 2017/771. 
(h) S.I. 2018/184.  3EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations are made to address failures of r etained EU law to operate effectively and other 
deficiencies (in particular under section 8(2)(a), (c), (d) and (e) of the European Union 
(Withdrawal) Act 2018) arising from the withdrawal of the UK from the European Union. 
The Agreement on the Unified Patent Court (Cm 8653)  and the Protocol on Privileges and 
Immunities of the Unified Patent Court (Cm 9405) ha ve not yet come into force. The UK 
withdrew its ratification of the Agreement on the U nified Patent Court and the Protocol on 
Privileges and Immunities on 20 July 2020. Regulati on (EU) No 1257/2012 implementing 
enhanced cooperation in the area of the creation of  unitary protection (OJ L361, 31.12.2012, p.1)) 
does not form part of retained EU law. 
These Regulations repeal and revoke provisions in e nactments relating to the European patent with 
unitary effect and the Unified Patent Court. Sectio n 124(3) of the Patents Act 1977, which extends 
to the Isle of Man under section 132(2), is used to  repeal the Patents (Isle of Man) Order 2017. 
These Regulations are supplemented by the Internati onal Organisations (Immunities and 
Privileges) (Scotland) Revocation Order 2021 (S.S.I . 2021/69). 
A full impact assessment has not been produced for this instrument as no, or no significant, impact 
on the private, voluntary or public sectors is fore seen. An explanatory memorandum is available 
alongside this instrument on the Legislation UK web site at www.legislation.gov.uk. 
  
  
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http://www.legislation.gov.uk/id/uksi/2021/355  
