Patents Act 1977

107 Costs and expenses in proceedings before the comptroller. U.K.

(1) The comptroller may, in proceedings before him under this Act, by order award to any party such costs or, in Scotland, such expenses as he may consider reasonable and direct how and by what parties they are to be paid.

(2) In England and Wales any costs awarded under this section shall, if [F1 the county court] so orders, be recoverable [F2 under section 85 of the County Courts Act 1984] or otherwise as if they were payable under an order of that court.

(3) In Scotland any order under this section for the payment of expenses may be enforced in like manner as [F3 a recorded decree arbitral][F3 an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.]

[F4 (4) The comptroller may make an order for security for costs or expenses against any party to proceedings before him under this Act if—

(a) the prescribed conditions are met, and

(b) he is satisfied that it is just to make the order, having regard to all the circumstances of the case;

and in default of the required security being given the comptroller may treat the reference, application or notice in question as abandoned.]

(5) In Northern Ireland any order under this section for the payment of costs may be enforced as if it were a money judgment.

Textual Amendments

F1 Words in s. 107(2) substituted (E.W.S.) (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2 Words in s. 107(2) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 43 (with s. 89); S.I. 2014/768, art. 2(1)(b)

F3 Words commencing “an extract registered” substituted (S.) for the words “a recorded decree arbitral” by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108(1), Sch. 6 paras. 1, 20

F4 S. 107(4) substituted (1.10.2005) by Patents Act 2004 (c. 16), ss. 15, 17(1); S.I. 2005/2471, art. 2(d) (with art. 4)