The Patents Rules 1995

Mention of inventor under section 13

14.—(1) An application to the comptroller under section 13(1) or (3) by any person who alleges—

(a) that he ought to have been mentioned as the inventor or joint inventor of an invention in any patent granted or published application for a patent for the invention; or

(b) that any person mentioned as sole or joint inventor in any patent granted or published application for a patent for the invention ought not to have been so mentioned,

shall be made on Patents Form 2/77 and shall be accompanied by a copy thereof and a statement in duplicate setting out fully the facts relied upon.

(2) The comptroller shall send a copy of any such application and statement to—

(a) every person registered as proprietor of, or applicant for, the patent;

(b) every person who has been identified in the patent application or a statement filed under section 13(2)(a) as being, or being believed to be, the inventor or joint inventor of the invention; and

(c) every other person whose interests the comptroller considers may be affected by the application;

other than the applicant under section 13(1) or (3) and any person who has consented in writing to the application.

(3) Any recipient of such a copy of an application and statement who wishes to oppose the application shall, within the period of two months beginning on the date when the copies are sent to him, file a counter-statement in duplicate setting out fully the grounds of his objection and the comptroller shall send a copy of the counter-statement to each of the persons described in this rule other than any person who is party to the counter-statement.

(4) The comptroller may give such directions as he may think fit with regard to the subsequent procedure.

(5) The document prescribed for the purposes of section 13(1) shall be an addendum or erratum.