The Patents Rules 2007

Rule 73

SCHEDULE 3 PROCEEDINGS HEARD BEFORE THE COMPTROLLER

PART 1 APPLICATIONS, REFERENCES AND REQUESTS

• Patents Act 1977

  • section 8(1) (reference regarding entitlement in relation to a patent under the Act)

  • section 10 (request for directions for handling a joint application)

  • section 11(5) (reference regarding entitlement to a licence to continue working after transfer of application)

  • section 12(1) (reference regarding entitlement in relation to a foreign or convention patent)

  • section 12(4) (reference involving joint applications on entitlement in relation to a foreign or convention patent)

  • section 13(3) (application to comptroller to remove person mentioned as inventor)

  • section 37(1) (determination of right to patent after grant)

  • section 38(5) (reference regarding entitlement to a licence to continue working after transfer of patent)

  • section 40 (application for compensation by an employee)

  • section 41(8) (application to vary order for compensation for certain inventions)

  • section 46(3) (application to settle terms of licence available as of right)

  • section 47(3) (application to cancel licence available as of right)

  • section 48(1) (application for a compulsory licence)

  • section 50A(2) (application following merger and market investigation)

  • section 51(1) (application by Minister following report of Competition Commission)

  • section 52(2)(a) (application to cancel compulsory licence)

  • section 61(3) (reference on question of infringement before the comptroller)

  • section 71 (declaration of non-infringement)

  • section 72 (application to revoke patent)

• Patents Rules 2007

  • rule 10(2) (application to be mentioned as inventor)

  • rule 88(1) (application to hold proceedings in Scotland)

  • paragraph 7(4) of Schedule 1 (notice of objection to expert)

• Compulsory Licensing Regulation

  • Article 5(c) of the Compulsory Licensing Regulation (application to terminate EU compulsory licence)

  • Article 6(1) of that Regulation (application for an EU compulsory licence)

  • Article 10(8) of that Regulation (application to access books and records)

  • Article 16(1), second paragraph, of that Regulation (application for a review of an EU compulsory licence)

  • Article 16(4) of that Regulation (application for modification of an EU compulsory licence)

• Medicinal Products Regulation and Plant Protection Products Regulation

  • Article 14(d) of the Medicinal Products Regulation and the Plant Protection Products Regulation (request to review lapse of supplementary protection certificate)

  • Article 15 of those Regulations (application for declaration of invalidity of supplementary protection certificate)

  • Article 15a of the Medicinal Products Regulation (application for revocation of an extension of the duration of a supplementary protection certificate)

PART 2 OPPOSITIONS WHICH START PROCEEDINGS

• Patents Act 1977

  • section 27(5) (opposition to amendment of specification after grant)

  • section 29(2) (opposition to surrender of patent)

  • section 47(6) (opposition to cancellation of licence available as of right), where the application was made by the proprietor of the patent

  • section 75(2) (opposition to amendment during infringement or revocation proceedings)

  • section 117(2) (opposition to correction of error in patents and applications)

PART 3 OPPOSITIONS AFTER PROCEEDINGS HAVE STARTED

• Patents Act 1977

  • section 47(6) (opposition to cancellation of licence available as of right), where the application was made by a person other than the proprietor of the patent

  • section 52(1) (opposition to an application for compulsory licence or under section 50A or 51)

  • section 52(2)(b) (opposition to an application to cancel a compulsory licence)

PART 4 RULES WHICH APPLY TO ANY PROCEEDINGS HEARD BEFORE THE COMPTROLLER

• Patents Rules 2007

  • rule 74 (overriding objective)

  • rule 79 (copies of documents)

  • rule 80(2) to (6) (evidence and the hearing)

  • rule 81 (alteration of time limits)

  • rule 82 (general powers of the comptroller in relation to proceedings before him)

  • rule 84 (hearings in public)

  • rule 87 (evidence in proceedings before the comptroller)

PART 5 RULES WHICH APPLY TO A REVIEW OF AN OPINION

• Patents Rules 2007

  • rule 83 (striking out a statement of case and summary judgment)

  • rule 85 (security for costs or expenses)

  • rule 86 (powers of comptroller to compel attendance of witness and production of documents)

  • rule 88 (proceedings in Scotland)