The Patents Rules 1995

Explanatory Note

(This note is not part of the Rules)

These Rules consolidate, with modifications, the Patents Rules 1990 as amended. In addition to minor and drafting amendments, they make the following changes of substance—

(a) the forms prescribed under the Patents Act 1977 (“the Act”) have been reduced in number and modified (rule 4 and Schedule 1);

(b) revised provision is made in relation to declarations of priority in the case of new applications under section 15(4) of the Act, and in relation to the documents to be provided in connection with declarations of priority (rule 6);

(c) revised provision is made in respect of applications to which all parties have consented as to who should be mentioned as the inventor in any patent (rule 14);

(d) additional provision is made for the voluntary amendment of the description, claims or drawings (rule 36);

(e) throughout the Rules, provision is made requiring applications and requests to be advertised only in the Journal and uniform procedures are prescribed in respect of opposition to any matter (rules 40, 65, 71, 78 and 91);

(f) revised provision is made in respect of applications to register transactions, instruments and events (rule 46);

(g) the provisions concerning applications to settle licences of right have been clarified (rule 62);

(h) specific provision is made prescribing periods in respect of those international applications for a patent which are to be treated as applications for a patent under the Act and which applications are to proceed earlier in the national phase (rule 85(7A));

(i) the United Kingdom Patent Office no longer carries out international preliminary examinations under the Patent Co-operation Treaty and the relevant Rules have been omitted accordingly (formerly rules 120 and 121).

A compliance cost assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies of the assessment are also available from the Intellectual Property Policy Directorate of the Patent Office, Room 3/13, Hazlitt House, 45 Southampton Buildings, London WC2A 1AR.

The Rules take effect on 4th September 1995.

At the date of making these Rules the address of the Patent Office is Cardiff Road, Newport, Gwent NP9 1RH and 25 Southampton Buildings, London WC2A 1AY.