The Patents Rules 1995

LICENCES OF RIGHT

Application under section 46(1) for entry in the register

61.—(1) An application under section 46(1) shall be made on Patents Form 28/77.

(2) Every entry made in the register consequent upon such an application shall be published in the Journal.

Application under section 46(3) to settle licences of right

62.—(1) An application under section 46(3)(a) or (b) shall be made on Patents Form 2/77 which shall be filed in duplicate together with,—

(a) in the case of an application under section 46(3)(a) by the proprietor of the patent, two copies of a draft of the licence he proposes and of a statement of the facts he relies on; or

(b) in the case of an application under section 46(3)(a) by any other person, two copies of a draft of the licence he seeks; and

(c) where that other person is also an applicant for an order under section 46(3)(b) for the exchange of a licence, two copies of the licence sought to be exchanged.

(2) The comptroller shall,—

(a) in the case of an application by the proprietor, send a copy of Patents Form 2/77 and a copy of the documents filed under subparagraph (a) of paragraph (1) above to the person to whom the proprietor proposes to grant the licence; and

(b) in the case of an application by any other person, send a copy of Patents Form 2/77 and a copy of any documents filed under sub-paragraphs (b) or (c) of that paragraph to the proprietor.

(3) Within the period of two months beginning on the date when the documents are sent to him under paragraph (2) above,—

(a) in the case of an application by the proprietor, the person referred to in paragraph (2)(a) above may file a counter-statement setting out fully the grounds of his objection; and

(b) in the case of an application by any other person, the proprietor may file a statement setting out fully the grounds of his objection,

and, if he does so, at the same time shall send a copy of the statement or counter-statement, as the case may be, to the other party.

(4) Within the period of two months beginning on the date when a statement under paragraph (3)(b) above is sent to him, the person therein referred to may file a counter-statement; and, if he does so, he shall at the same time send a copy of the counter-statement to the proprietor.

(5) No further statement or counter-statement shall be served by either party without the leave or direction of the comptroller.

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

Application by proprietor under section 47(1) for cancellation of entry

63.   An application under section 47(1) shall be—

(a) made on Patents Form 30/77;

(b) accompanied by fees to the amount of the balance of all renewal fees which would have been payable if the entry had not been made; and

(c) advertised by the comptroller in the Journal.

Application under section 47(3)

64.—(1) An application under section 47(3) shall be—

(a) made on Patents Form 2/77 within two months after the making of the relevant entry;

(b) accompanied by a copy of the application supported by a statement in duplicate setting out fully the nature of the claimant’s interest and the facts upon which he relies; and

(c) advertised by the comptroller in the Journal.

(2) The comptroller shall send a copy of the application and statement to the proprietor of the patent.

Opposition to cancellation of entry under section 47

65.—(1) Within two months of the date of the advertisement in the Journal of an application under rule 63(c) or 64(1)(c), a person entitled to do so under section 47(6), may give notice to the comptroller of opposition to the application on Patents Form 15/77.

(2) The notice shall be accompanied by a copy thereof and be supported by a statement in duplicate setting out fully the facts upon which the opponent relies and the relief which he seeks.

(3) The comptroller shall send a copy of the notice and statement to the applicant for cancellation of the entry who, if he desires to proceed with 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 the opposition is contested and the comptroller shall send a copy of the counter-statement to the opponent.

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

Procedure after cancellation of entry pursuant to section 47(3)

66.  Where the comptroller cancels an entry in the register pursuant to section 47(3), he shall inform the proprietor of the patent who shall, within such period as the comptroller specifies, pay fees to the amount of the balance of all renewal fees which would have been payable if the entry had not been made.

Declaration under paragraph 4A of Schedule 1 to the Act

67.—(1) A declaration under paragraph 4A of Schedule 1 to the Act shall be made on Patents Form 58/77.

(2) The comptroller shall cause to be entered in the register notice of any declaration filed under the said paragraph 4A and the entry in the register shall be published in the Journal.