Transitional

(1) Notwithstanding the repeal of the former Acts, patents granted there-under shall remain in force but shall, subject to sub-section (2) and (3), be deemed to have been granted under this Act. (2) Patents thus granted shall remain in force for the unexpired portion of the period of protection provided under this Act subject to the payment of annual maintenance fees or renewal fees provided for in this Act. (3) A person who on the date of the entry into force of this Act is the owner of a patent granted in the United Kingdom or a European patent designating the United Kingdom or has filed an application in the United Kingdom for the grant of a patent or an application for the grant of a European patent designating the United Kingdom may, within 12 months of the entry into force of this Act, file an application for the grant of a patent for the same invention under this Act, and such application shall be accorded the filing date or priority date accorded to the application or grant by the United Kingdom Patent Office or by the European Patent Office, as the case may be. 56 (4) Where, upon the entry into force of this Act, an application made under the Patents and Designs Act, Cap. 212 R. E. 1980-1990, is pending, such application shall, notwithstanding the provisions of sub-section (1) of this section, be dealt with under the said 1980-1990 Patents and Designs Act but the grant shall thereafter be subject to this Act. (5) Notwithstanding sub-section (1), the Patents and Designs Act, Cap. 212 R. E. 1980-1990, shall continue to apply so far as it is necessary to enable any person applying for a patent before this Act comes into force to do so, but any patent thus granted shall be deemed to have been granted under this Act. (6) The Minister may by Order published in the Gazette make any further transitional or saving provisions which appear to him to be necessary or desirable.