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The Patents (Supplementary Protection Certificates) Rules 1997
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Declaration of lapse or invalidity of certificate (Articles 14(d) and 15(1)(a) and (c))
7.—(1) On the application of any person, the comptroller may, as the case may be, declare—
(a)that a certificate has lapsed on the ground set out in Article 14(d); or
(b)that the ground for lapse under Article 14(d) no longer exists.
(2) The court or the comptroller may declare that a certificate is invalid in accordance with the provisions of Article 15.
(3) An application to the comptroller for a declaration under paragraph (1)(a) or paragraph (2) shall be—
(i)subject to payment of the prescribed fee, and
(ii)made on Form SP3, and
(iii)accompanied by a copy thereof and a statement in duplicate setting out fully the grounds and the facts upon which the applicant relies and the relief which he seeks.
(4) The comptroller shall send a copy of the application and the statement to the holder of the certificate.
(5) Within the period of two months beginning on the date on which such copies are sent to him, the holder of the certificate shall, if he wishes to contest the application, file a counter-statement in duplicate at the Patent Office setting out fully the grounds on which the application is contested; and the comptroller shall send a copy of the counter-statement to the applicant.
(6) No further statement or counter-statement shall be served by either party without the leave or direction of the comptroller.
(7) The comptroller may give such directions as he may think fit with regard to the subsequent procedure.
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