Act of Sederunt (Rules of the Court of Session 1994) 1994

Applications by employees for compensation under section 40 of the Act of 1977

55.10.—(1) An application under section 40(1) or (2) of the Act of 1977 (compensation of employees for certain inventions) shall be made by summons commenced within the period which begins when the relevant patent is granted and which expires one year after it has ceased to have effect.

(2) 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 of that fee and an application is made to the Comptroller under section 28 of the Act of 1977(1) (restoration of lapsed patent), the period within which the application by summons is to be made shall–

(a) if restoration is ordered, continue as if the patent has remained continuously in effect; or

(b) if restoration is refused, be treated as if expiring one year after the patent ceased to have effect or 6 months after the refusal, whichever is the later.

(1)

Section 28 of the Act of 1977 was amended by the Copyright Act of 1988 (c. 48), Schedule 5, paragraph 6 and Schedule 8.