The Patents Rules 2007

Introductory

Scope and interpretation

73.—(1) This Part applies to the following proceedings heard before the comptroller—

(a) applications, references and requests under the provisions mentioned in Part 1 of Schedule 3;

(b) oppositions under the provisions mentioned in Part 2 of that Schedule.

(2) The rules listed in Part 4 of that Schedule apply to any proceedings heard before the comptroller under the Act.

(3) In this Part—

“claimant” means a person who starts proceedings or is treated as starting proceedings under rule 76(1);

“defendant” means a person who files a counter-statement under rule 77(6) or (8);

“statement of case” means the statement of grounds or the counter-statement and references to a statement of case include part of the statement of case;

“statement of grounds” means a statement filed by the claimant;

“statement of truth” means a statement that the person making the statement believes that the facts stated in a particular document are true; and

“witness statement” means a written statement signed by a person that contains the evidence which that person would be allowed to give orally.

Overriding objective

74.—(1) The rules in this Part set out a procedural code with the overriding objective of enabling the comptroller to deal with cases justly.

(2) Dealing with a case justly includes, so far as is practicable—

(a) ensuring that the parties are on an equal footing;

(b) saving expense;

(c) dealing with the case in ways which are proportionate—

(i) to the amount of money involved,

(ii) to the importance of the case,

(iii) to the complexity of the issues, and

(iv) to the financial position of each party;

(d) ensuring that it is dealt with expeditiously and fairly; and

(e) allotting to it an appropriate share of the resources available to the comptroller, while taking into account the need to allot resources to other cases.

(3) The comptroller shall seek to give effect to the overriding objective when he—

(a) exercises any power given to him by this Part; or

(b) interprets any rule in this Part.

(4) The parties are required to help the comptroller to further the overriding objective.

Publication of notices

75.  The comptroller must advertise in the journal any event to which it is possible to object under any of the provisions mentioned in Part 2 or 3 of Schedule 3, subject to rule 105(5).