The Patents Rules 1995

Surrender of patents

43.—(1) A notice of an offer by a proprietor of a patent under section 29 to surrender his patent shall be—

(a) given on Patents Form 2/77 accompanied by:

(i) a statement setting out the reasons for making the offer; and

(ii) a declaration that no action is pending before the court for infringement or for revocation of the patent, or

(iii) if an action before the court is pending, full particulars of the action in writing;

and

(b) advertised by the comptroller in the Journal.

(2) At any time within two months from the advertisement any person may give notice of opposition to the surrender to the comptroller on Patents Form 15/77.

(3) Such notice shall be accompanied by a copy thereof and be supported by a statement in duplicate setting out fully the facts upon which the opponent relies and the relief which he seeks. The comptroller shall send a copy of the notice and of the statement to the proprietor of the patent.

(4) Within the period of two months beginning on the date when such copies are sent to him, the proprietor of the patent shall, if he wishes to continue with the surrender, file a counter-statement in duplicate setting out fully the grounds upon which the opposition is resisted; and the comptroller shall send a copy of the counter-statement to the opponent.

(5) The comptroller may give such directions as he may think fit with regard to the subsequent procedure.