The Patents Act 2004 (Commencement No. 2 and Consequential, etc. and Transitional Provisions) Order 2004

Consequential, incidental and supplementary provisions

7.  For rule 58 there is substituted—

“Reference to the comptroller under section 38(5)

58.— (1) A reference under section 38(5) shall be made on Patents Form 2/77 and shall be accompanied by a copy and by a statement in duplicate setting out fully—

(a) the question referred;

(b) the facts upon which the person making the reference relies; and

(c) the period or terms of the licence which he is prepared to accept or grant.

(2) The comptroller shall send, except to the person who made the reference, a copy of the reference and statement to—

(a) the new proprietor or proprietors or, as the case may be, the new applicant; and

(b) every person claiming to be entitled to be granted a licence,

and any such person who receives a copy of the reference and statement may, before the end of the period of six weeks starting on the date the copies were sent to him, file a counter-statement (which must be in duplicate) setting out fully his grounds of objection.

(3) The comptroller shall send a copy of the counter-statement to the person who made the reference.

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