The Patents (Amendment) (No. 2) Rules 1999

Citation, commencement and transitional

19.  In rule 103 (evidence)—

(a) in paragraph (1) after the words “statutory declaration” insert the words “, witness statement”;

(b) in paragraph (2) after the word “affidavit” insert the words “, witness statement”;

(c) after paragraph (4) insert—

“(5) The comptroller may give a direction as he thinks fit in any particular case that evidence shall be given by affidavit or statutory declaration instead of or in addition to a witness statement.

(6) Where in proceedings before the comptroller, a party adduces evidence of a statement made by a person otherwise than while giving oral evidence in the proceedings and does not call that person as a witness, the comptroller may, if he thinks fit, permit any other party to the proceedings to call that person as a witness and cross-examine him on the statement as if he had been called by the first-mentioned party and as if the statement were his evidence in chief”.