The Patents (Amendment) Rules 2004

Rule 18

SCHEDULE 2 CONSEQUENTIAL AMENDMENTS

1.  The Patents Rules 1995 shall be amended as follows.

2.  In rule 2 (interpretation), in the appropriate places there shall be inserted—

• ““the initiation date” shall be the date the new application was initiated by documents, containing the information mentioned in any of paragraphs (a) to (c) of section 15(1), being filed at the Patent Office;”;

““termination” has the meaning given by section 20B(7) and “terminated” shall be construed accordingly.”.

3.  In each of the following provisions—

(a) the heading of rule 24;

(b) rule 24(1);

(c) rule 33(3);

(d) rule 33(5);

(e) rule 34(1)(c);

(f) rule 102(1)(b);

for the figure “15(4)”, wherever it appears, there shall be substituted “15(9)”.

4.  In rule 32 (searches under section 17(6) and (8)), in paragraph (3) for the words “Form 9/77” there shall be substituted “Form 9A/77”.

5.—(1) Rule 40(6) (amendment of specifications after grant) shall be amended as follows.

(2) In sub-paragraph (a) the words from “verified to the” to “original text” (where it first appears) shall be omitted.

(3) The words from “verified to his” to “original text” shall be omitted.

6.  In rule 81 (procedure for making request under section 81(2)(b)(i)), for paragraphs (3) and (4) there shall be substituted—

“(3) Where a request has been made under section 81(2)(b)(i), the period prescribed for the purposes of sections 13(2), 15(10)(d) and 81(2)(c) shall be the period of two months starting on the date the comptroller received the request mentioned in paragraph (1).”.

7.  In rule 82 (procedure where section 81(2)(b)(ii) applies), for paragraphs (3) and (4) there shall be substituted—

“(3) Where a request has been transmitted under section 81(2)(b)(ii), the period prescribed for the purposes of sections 13(2), 15(10)(d) and 81(2)(c) shall be the period of four months starting on the date of the notification under paragraph (2).”.

8.—(1) Rule 85 (international applications for patents) shall be amended as follows.

(2) Paragraph (3)(c) and the word “and” immediately preceding it shall be omitted.

(3) In paragraph (7) for the words “thirty two months” there shall be substituted “thirty three months”.

9.  In both of the following provisions—

(a) rule 85(7); and

(b) rule 85(7A)(b);

for the figure “15(5)(b)” there shall be substituted “15(10)(c) and (d)”.

10.  In rule 91 (correction of errors in patents and applications), after paragraph (3) there shall be inserted—

“(3A) Where the comptroller is required to publish a notice under section 117(3), it shall be published in the Journal.”.

11.  In rule 107(2) (supporting statements or evidence) after the words “are rules” there shall be inserted “ 36A,”.

12.—(1) Rule 113 (translations) shall be amended as follows.

(2) In paragraph (1)—

(a) for the words “rules 6,” to “Schedule 4” there shall be substituted “rules 6 to 6C, 16, 22A, 40, 81, 82 and 85 and paragraph (3)”;

(b) the words from “, verified” to “directs” shall be omitted.

(3) In both paragraphs (3) and (4) the words from “verified” to “original text thereof” shall be omitted.

(4) In paragraph (5) the words from “, verified” to “original text thereof” shall be omitted.

(5) Paragraph (6) shall be omitted.

13.  Paragraph 5 of Schedule 4 (verification of translation) shall be omitted.