SCHEDULES

SCHEDULE 5 Patents: miscellaneous amendments

Supplementary searches

4

In section 18 of the Patents Act 1977 (substantive examination and grant or refusal of patent), after subsection (1) insert—

1A

If the examiner forms the view that a supplementary search under section 17 above is required for which a fee is payable, he shall inform the comptroller, who may decide that the substantive examination should not proceed until the fee is paid; and if he so decides, then unless within such period as he may allow—

a

the fee is paid, or

b

the application is amended so as to render the supplementary search unnecessary,

he may refuse the application.