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Act of Sederunt (Rules of the Court of Session 1994) 1994

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Determination of question or application where Comptroller declines to deal with it

55.9.  Where the Comptroller–

(a)declines to deal with a question under the following sections of the Act of 1977:–

(i)section 8 (entitlement to patents etc.),

(ii)section 12 (entitlement to foreign and convention patents),

(iii)section 37(1) (right to patent after grant), or

(iv)section 61(3) (infringement of patent),

(b)declines to deal with an application under section 40 of that Act (compensation of employees for certain inventions), or

(c)issues a certificate under section 72(7) of that Act (revocation of patent should be determined by the court),

any person entitled to do so may, within 28 days after the decision of the Comptroller, apply by petition to have the question or application, as the case may be, determined by the court.

(1)

Section 37 of the Act of 1977 was amended by the Copyright Act of 1988 (c. 48), Schedule 5, paragraph 9.

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