Statutory Instrument 1995 No. 2093

      The Patents Rules 1995


      © Crown Copyright 1995

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STATUTORY INSTRUMENTS

1995 No. 2093

PATENTS

The Patents Rules 1995

Made 3rd August 1995
Laid before Parliament 8th August 1995
Coming into force 4th September 1995


ARRANGEMENT OF RULES

Preliminary
1  Citation and commencement
2  Interpretation
3  Construction
4  Forms
5  International exhibitions
6  Declaration of priority for the purposes of section 5
Right to apply for and obtain a patent
7  References under section 8(1)(a) or 12(1)(a)
8  References by co-proprietors under section 8(1)(b) or 12(1)(b)
9  Orders under section 8 or 12
10  Prescribed period for new applications under section 8(3) or 12(6)
11  Authorisation under section 8(5)
12  Request by joint applicant under section 10 or 12(4)
13  Reference to the comptroller under section 11(5)
Inventors
14  Mention of inventor under section 13
15  Procedure where applicant is not the inventor or sole inventor
Applications for patents
16  Applications for the grant of patents under sections 14 and 15
17  Micro-organisms
18  Drawings
19  The abstract
20  Size and presentation of documents
21  Form of statements, counter-statements and evidence
22  Unity of invention
23  Late filed drawings
24  New applications under section 15(4)
25  Periods prescribed under section 15(5)(a) and (b) and 17(1) for filing claims, abstract and request for preliminary examination and search
26  Extensions for new applications
27  Period for publication of application
Examination and search
28  Preliminary examination and search under section 17
29  Procedure where earlier application made
30  Address for service
31  Formal requirements
32  Searches under section 17(6) and (8)
33  Request for substantive examination under section 18
34  Period for putting application in order
35  Amendment of request for grant
36  Amendment of application before grant
37  Observations on patentability under section 21
Grant, amendment and continuation of patent
38  Certificates of grant
39  Renewal of patents
40  Amendment of specification after grant
41  Restoration of lapsed patents under section 28
42  Notification of lapsed patent
43  Surrender of patents
Registration
44  Entries in the register
45  Alteration of name or address
46  Registrations under section 33
47  Request for correction of error
48  Request as to payment of renewal fee
49  Inspection of register
50  Advertisements in relation to register
51  Entries relating to sections 8(1), 12(1) and 37(1)
52  Certificates and copies supplied by comptroller
53  Order or direction by court
Entitlement to patent
54  Reference of question to the comptroller under section 37(1)
55  Application under section 37(3)
56  Time limit for new application
57  Request under section 38(3)
58  Reference to comptroller under section 38(5)
Employees' inventions
59  Application under section 40 for compensation
60  Application under section 41(8) to vary etc awards of compensation
Licences of right
61  Application under section 46(1) for entry in the register
62  Application under section 46(3) to settle licences of right
63  Application by proprietor under section 47(1) for cancellation of entry
64  Application under section 47(3)
65  Opposition to cancellation of entry under section 47
66  Procedure after cancellation of entry pursuant to section 47(3)
67  Declaration under paragraph 4A of Schedule 1 to the Act
Compulsory licences
68  Application under section 48(1) for compulsory licence
69  Application by Minister under section 51
70  Procedure on receipt of application under section 48 or 51
71  Opposition under section 52(1)
Infringement proceedings before comptroller
72  Procedure on reference to comptroller under section 61(3)
73  Procedure where validity of patent in dispute
74  Procedure on application under section 71
Revocation of patents
75  Procedure on application for revocation under section 72
76  Award of costs
77  Revocation and amendment of patents under section 73
Amendment of patents in infringement or revocation proceedings
78  Amendment of patent under section 75
European patents and patent applications and national processing of international applications
79  Entries in the register
80  European patents and applications (UK): translations
81  Procedure for making request under section 81(2)(b)(i)
82  Procedure where section 81(2)(b)(ii) applies
83  Procedure for making request for substantive examination where section 81(2) applies
84  Recognition of determinations in proceedings before comptroller
85  International applications for patents: sections 89 and 89A
86  Obtaining evidence for proceedings under European Patent Convention
87  Communication of information to European Patent Office
Hearings, agents and correction of errors
88  Comptroller's discretionary powers
89  Admittance to hearings before comptroller
90  Agents
91  Correction of errors in patents and applications
Information and inspection
92  Request for information under section 118
93  Inspection of documents under section 118
94  Confidential documents
95  Bibliographic data for purposes of section 118(3)(b)
96  Request for information where section 118(4) applies
Miscellaneous
97  Service by post
98  Hours of business
99  Excluded days
100  Correction of irregularities
101  Dispensation by comptroller
102  Remission of fees
103  Evidence
104  Statutory declarations and affidavits
105  Admission of documents
106  Directions as to furnishing of documents etc
107  Supporting statements or evidence
108  Proceedings in Scotland
109  Appointment of advisers
110  Alteration of time limits
111  Calculation of times or periods
112  Copies of documents
113  Translations
114  Publication and sale of documents
115  The Journal
116  Reports of cases
International applications
117  Filing of applications
118  Transmittal and late payment fees
119  Certified copies
120  Fees to be paid in sterling
121  Transitional provisions and revocations

Schedules

  Schedule 1  General forms

  Schedule 2  Micro-organisms

  Schedule 3  Form of certificate of grant of patent

  Schedule 4  European patents and applications (UK): translations

  Schedule 5  Patents Act 1949 forms

  Schedule 6  Revocations

 

Explanatory Note


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Prepared 20th September 2000