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The Patents, Trade Marks and Designs (Address For Service and Time Limits, etc) Rules 2006

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Amendment of the Patents Rules 1995

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6.  For rule 30 there shall be substituted—

Address for service

30.(1) For the purposes of any proceeding under the Act or these Rules, an address for service shall be filed by—

(a)an applicant for the grant of a patent;

(b)a person who makes any other application or reference, or gives any notice of opposition, under the Act;

(c)any person opposing such an application, notice or reference.

(2) The proprietor of a patent, or any person who has registered any right in or under a patent or application, may file an address for service by notifying the comptroller.

(3) Where a person has provided an address for service under paragraph (1) or (2), he may substitute a new address for service by notifying the comptroller.

(4) An address for service filed under paragraph (1)(a) or (2) shall be an address in the United Kingdom, another EEA State or the Channel Islands.

(5) An address for service filed under paragraph (1)(b) or (c) shall be an address in the United Kingdom, unless in a particular case the comptroller otherwise directs.

Failure to provide an address for service

30A.(1) Where—

(a)a person has failed to file an address for service under rule 30(1); and

(b)the comptroller has sufficient information enabling him to contact that person,

the comptroller shall direct that person to file an address for service.

(2) Where a direction has been issued under paragraph (1), the person directed shall, before the end of the period of 2 months beginning with the date of the direction, file an address for service.

(3) Paragraph (4) applies where—

(a)a direction was given under paragraph (1) and the period prescribed by paragraph (2) has expired; or

(b)the comptroller had insufficient information to give a direction under paragraph (1),

and the person has failed to provide an address for service.

(4) Where this paragraph applies—

(a)in the case of an applicant for the grant of a patent, the application shall be treated as withdrawn; and

(b)in the case of a person mentioned in rule 30(1)(b), his application, reference or notice of opposition shall be withdrawn; and

(c)in the case of a person mentioned in rule 30(1)(c), he shall be deemed to have withdrawn from the proceedings.

(5) In this rule an “address for service” means an address which complies with the requirements of rule 30(4) or (5)..

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