The Patents Rules 2007

Obligations to other contracting parties to the European Patent Convention

Recognition of patent decision of competent authorities of other states

61.—(1) Where in proceedings before the comptroller a person seeks recognition of a relevant determination, he must furnish to the comptroller a copy of the determination duly certified by the relevant official of the competent authority.

(2) In paragraph (1) “relevant determination” means the determination of a question to which section 82 applies by the competent authority of a relevant contracting state other than the United Kingdom.

Procedure for obtaining evidence for proceedings under the European Patent Convention

62.—(1) An application to the comptroller for an order under the Evidence (Proceedings in Other Jurisdictions) Act 1975(1) as applied by section 92(1) must be—

(a) made in writing;

(b) supported by written evidence;

(c) accompanied by the request as a result of which the application is made, and where appropriate, a translation of the request into English; and

(d) accompanied by the prescribed fee.

(2) The application must be made without notice.

(3) The comptroller may permit an officer of the European Patent Office to attend the hearing and either—

(a) examine the witnesses; or

(b) request the comptroller to put specified questions to the witnesses.

Communication of information to the European Patent Office

63.  The comptroller may authorise any information in the files of the Patent Office to be communicated to the European Patent Office or to a competent authority of any country which is a party to the European Patent Convention, except where that information cannot be communicated under section 118.

(1)

1975 c. 34.