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Patents Act 1977

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This is the original version (as it was originally enacted).

107Costs and expenses in proceedings before the comptroller

(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 a county court so orders, be recoverable by execution issued from the county court 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 a recorded decree arbitral.

(4)If any of the following persons, that is to say—

(a)any person by whom a reference is made to the comptroller under section 8, 12 or 37 above;

(b)any person by whom an application is made to the comptroller for the revocation of a patent;

(c)any person by whom notice of opposition is given to the comptroller under section 27(5), 29(2), 47(6) or 52(1) above, or section 117(2) below ;

neither resides nor carries on business in the United Kingdom, the comptroller may require him to give security for the costs or expenses of the proceedings and in default of such security being given may treat the reference, application or notice 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.

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