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Statutory Instruments

2007 No. 3291

PATENTS

The Patents Rules 2007

Made

19th November 2007

Laid before Parliament

22nd November 2007

Coming into force

17th December 2007

Contents

Go to Preamble

  1. PART 1

    INTRODUCTORY

    1. 1. Citation and commencement

    2. 2. General interpretation

    3. 3. The declared priority date

    4. 4. Forms and documents

  2. PART 2

    APPLICATIONS FOR PATENTS

    1. International exhibitions

      1. 5. International exhibitions

    2. Declarations of priority

      1. 6. Declaration of priority for the purposes of section 5(2) (priority date)

      2. 7. Request to the comptroller for permission to make a late declaration under section 5(2B)

      3. 8. Filing of priority documents to support a declaration under section 5(2)

      4. 9. Translation of priority documents

    3. Mention of the inventor

      1. 10. Mention of the inventor

      2. 11. Waiving the right to be mentioned

    4. Form and content of applications

      1. 12. Applications for the grant of patents under sections 14 and 15

      2. 13. Biological material and sequence listings

      3. 14. Size and presentation of application

      4. 15. The abstract

      5. 16. Single inventive concept

      6. 17. References under section 15(1)(c)(ii)

      7. 18. Missing parts

    5. New applications

      1. 19. New applications filed as mentioned in section 15(9)

      2. 20. New applications under sections 8(3), 12(6) and 37(4)

      3. 21. Extensions for new applications

    6. Period for filing contents of application

      1. 22. Periods prescribed for the purposes of sections 15(10) and 17(1)

    7. Preliminary examination

      1. 23. Preliminary examination under section 15A

      2. 24. Correcting a declaration made for the purposes of section 5(2)

      3. 25. Formal requirements

    8. Publication of application

      1. 26. Publication of application

    9. Search and substantive examination

      1. 27. Search under section 17

      2. 28. Request for substantive examination under section 18

      3. 29. Substantive examination reports

      4. 30. Period for putting application in order

      5. 31. Amendment of application before grant

      6. 32. Reinstatement of applications under section 20A

      7. 33. Observations by third parties on patentability

  3. PART 3

    GRANTED PATENTS

    1. Certificate and amendment

      1. 34. Certificate of grant

      2. 35. Amendment of specification after grant

    2. Renewal

      1. 36. Renewal of patents: general

      2. 37. Renewal of patents: first renewal

      3. 38. Renewal of patents: subsequent renewals

      4. 39. Renewal notice

      5. 40. Restoration of lapsed patents under section 28

      6. 41. Notification of lapsed patent

    3. Surrender and cancelling entry that licences available as of right

      1. 42. Surrender

      2. 43. Application for, and cancellation of, an entry that licences are available as of right

  4. PART 4

    THE REGISTER AND OTHER INFORMATION

    1. The register

      1. 44. Entries in the register

      2. 45. Advertisement in relation to register

      3. 46. Copies of entries in, or extracts from, the register and certified facts

      4. 47. Registrations of transactions, instruments and events

    2. Copies of documents and corrections in relation to the register

      1. 48. Copies of documents

      2. 49. Correction of name, address and address for service

      3. 50. Request for correction of error

    3. Requests for information or documents

      1. 51. Restrictions on inspection of documents

      2. 52. Request for information where section 118(4) applies

      3. 53. Confidential documents

      4. 54. Requests for certain information

      5. 55. Bibliographic information about an unpublished application

  5. PART 5

    EUROPEAN PATENTS (UK)

    1. Translations

      1. 56. Translations of European patents (UK)

      2. 57. Corrected translations

    2. Conversion requests

      1. 58. Procedure for making a conversion request under section 81(2)(b)(i)

      2. 59. Procedure for making a conversion request under section 81(2)(b)(ii)

      3. 60. Request for substantive examination following a direction under section 81

    3. Obligations to other contracting parties to the European Patent Convention

      1. 61. Recognition of patent decision of competent authorities of other states

      2. 62. Procedure for obtaining evidence for proceedings under the European Patent Convention

      3. 63. Communication of information to the European Patent Office

  6. PART 6

    INTERNATIONAL APPLICATIONS

    1. Interpretation

      1. 64. Interpretation relating to international applications

    2. Filing at the Patent Office

      1. 65. Filing of international applications at the Patent Office

    3. Beginning the national phase, international exhibitions and altered prescribed periods

      1. 66. Beginning of national phase

      2. 67. International exhibitions

      3. 68. Altered prescribed periods

    4. Translations

      1. 69. Necessary translations under section 89A(3) and (5)

      2. 70. Requirements of necessary translations

    5. Application deemed withdrawn or filing date refused under the Patent Co-operation Treaty

      1. 71. Directions under section 89(3) and (5)

      2. 72. Circumstance prescribed for the purposes of section 89(3)

  7. PART 7

    PROCEEDINGS HEARD BEFORE THE COMPTROLLER

    1. Introductory

      1. 73. Scope and interpretation

      2. 74. Overriding objective

      3. 75. Publication of notices

    2. Conduct of hearings

      1. 76. Starting proceedings

      2. 77. Notification of the parties

      3. 78. The counter-statement

      4. 79. Copies of documents

      5. 80. Evidence rounds and the hearing

      6. 81. Alteration of time limits

      7. 82. General powers of the comptroller in relation to proceedings before him

      8. 83. Striking out a statement of case and summary judgment

      9. 84. Hearings in public

    3. Miscellaneous

      1. 85. Security for costs or expenses

      2. 86. Powers of comptroller to compel attendance of witnesses and production of documents

      3. 87. Evidence in proceedings before the comptroller

      4. 88. Proceedings in Scotland

      5. 89. Proceedings started under section 46(3) by a person other than the proprietor

      6. 90. Licences following entitlement proceedings

      7. 91. Period prescribed for applications by employee for compensation

  8. PART 8

    OPINIONS

    1. Interpretation

      1. 92. Interpretation

    2. Request for opinion

      1. 93. Request for an opinion under section 74A

      2. 94. Refusal or withdrawal of request

      3. 95. Notification and advertisement of request

      4. 96. Submission of observations and observations in reply

      5. 97. Issue of the opinion

    3. Review of opinion

      1. 98. Review of opinion

      2. 99. Procedure on review

      3. 100. Outcome of review

  9. PART 9

    MISCELLANEOUS

    1. Agents and advisers

      1. 101. Agents

      2. 102. Appointing advisers

    2. Address for service

      1. 103. Address for service

      2. 104. Failure to furnish an address for service

    3. Corrections and remission of fees

      1. 105. Correction of errors

      2. 106. Remission of fees

      3. 107. Correction of irregularities

    4. Time limits and delays

      1. 108. Extension of time limits

      2. 109. Extension of time limits specified by comptroller

      3. 110. Interrupted days

      4. 111. Delays in communication services

    5. Copies available to the comptroller

      1. 112. Copies available to the comptroller

    6. Translations

      1. 113. Translations

      2. 114. Translations in proceedings in relation to a European patent (UK)

      3. 115. Establishing the accuracy of translations

    7. Supplementary Protection Certificates

      1. 116. Supplementary protection certificates

    8. Publications

      1. 117. The journal

      2. 118. Reports of cases

      3. 119. Publication and sale of documents

    9. Transitional provisions and revocations

      1. 120. Transitional provisions and revocations

    1. SCHEDULE 1

      BIOLOGICAL MATERIAL

    2. SCHEDULE 2

      FORMAL AND OTHER REQUIREMENTS

      1. PART 1

        REQUIREMENTS: ALL DOCUMENTS

      2. PART 2

        REQUIREMENTS: DOCUMENTS (OTHER THAN DRAWINGS)

      3. PART 3

        REQUIREMENTS: DRAWINGS

      4. PART 4

        OTHER REQUIREMENTS

    3. SCHEDULE 3

      PROCEEDINGS HEARD BEFORE THE COMPTROLLER

      1. PART 1

        APPLICATIONS, REFERENCES AND REQUESTS

      2. PART 2

        OPPOSITIONS WHICH START PROCEEDINGS

      3. PART 3

        OPPOSITIONS AFTER PROCEEDINGS HAVE STARTED

      4. PART 4

        RULES WHICH APPLY TO ANY PROCEEDINGS HEARD BEFORE THE COMPTROLLER

      5. PART 5

        RULES WHICH APPLY TO A REVIEW OF AN OPINION

    4. SCHEDULE 4

      EXTENSION OF TIME LIMITS

      1. PART 1

        PERIODS OF TIME THAT CANNOT BE EXTENDED

      2. PART 2

        PERIODS OF TIME THAT MAY BE EXTENDED UNDER RULE 108(2) OR 108(3)

      3. PART 3

        PERIODS OF TIME TO WHICH RULE 108(5) AND 108(7) RELATE

    5. SCHEDULE 5

      TRANSITIONAL PROVISIONS

    6. SCHEDULE 6

      REVOCATIONS

Go to Explanatory Note

The Secretary of State makes the following Rules in exercise of the powers conferred upon him by sections 14(6), 25(5), 32, 74B, 77(9), 92, 123, 125A and 130(2) of the Patents Act 1977(1).

In accordance with section 8 of the Tribunals and Inquiries Act 1992(2), the Secretary of State has consulted the Administrative Justice and Tribunals Council.

(1)

1977 c. 37; section 74B was inserted by the Patents Act 2004 (c.16); section 123 was amended by the Copyright, Designs and Patents Act 1988 (c. 48), Schedule 5, paragraph 29, and the Patents Act 2004 (c.16), Schedule 2, paragraph 26; section 125A was inserted by the Copyright, Designs and Patents Act 1988, Schedule 5, paragraph 30, and was amended by SI 2000/2037. Back [1]

(2)

1992 c. 53; the definition of “Council” has been amended by the Tribunals, Courts and Enforcement Act 2007 (c.15), Schedule 8, paragraph 30. Back [2]

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