The Patents Rules 1995

Application under section 40 for compensation

59.—(1) An application to the comptroller under section 40 for an award of compensation shall be made on Patents Form 2/77 and shall be accompanied by a copy thereof and a statement in duplicate setting out fully the facts relied upon.

(2) The prescribed period for the purposes of section 40(1) and (2) shall, in relation to proceedings before the comptroller, be that period which begins when the relevant patent is granted and which expires one year after it has ceased to have effect:

• Provided that, where a patent has ceased to have effect by reason of a failure to pay any renewal fee within the period prescribed for the payment thereof and an application for restoration is made to the comptroller under section 28, the said period shall,—

  (a)

  if restoration is ordered, continue as if the patent had remained continuously in effect; or

  (b)

  if restoration is refused, be treated as expiring one year after the patent ceased to have effect or six months after the refusal, whichever is the later.

(3) The comptroller shall send a copy of the application and statement to the employer who, if he wishes to contest the application, shall within the period of two months beginning on the date when such copies are sent to him, file a counter-statement in duplicate setting out fully the grounds on which he disputes the employee’s right to the award sought, and the comptroller shall send a copy of the counter-statement to the employee.

(4) The employee may, within the period of two months beginning on the date when the copy of the counter-statement is sent to him, file evidence in support of his case and shall send a copy of the evidence to the employer.

(5) Within the period of two months beginning on the date when the copy of the employee’s evidence is sent to him or, if the employee does not file any evidence, within two months of the expiration of the time within which the employee’s evidence might have been filed, the employer may file evidence in support of his case and shall send a copy of the evidence to the employee; and within the period of two months beginning on the date when the copy of the employer’s evidence is sent to him, the employee may file evidence confined to matters strictly in reply and shall send a copy of that evidence to the employer.

(6) No further evidence shall be filed by either party except by leave or direction of the comptroller.

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