S.I. No. 179/1992 - Patents Rules, 1992

( c ) the prescribed application fee and the balance of all renewal fees which would have been payable if the entry had not been made.

• (2) An application under section 69 (2) for the cancellation of an entry shall be made within three months after the making of the relevant entry and shall state the name and address of the applicant and that the entry is and was at the time of its making contrary to a contract in which the applicant is interested, and shall be accompanied by a statement, in duplicate, setting out fully the nature of the applicant's interest and the facts upon which he relies, and by the prescribed fee.

49 Opposition to cancellation.

49. (1) Every application under section 69 (1) or (2) shall be advertised in the Journal, and the period within which notice of opposition to the cancellation of an entry may be given under section 69 (5) shall be three months after the advertisement.

• (2) Notice of opposition shall be given in duplicate and shall state the name and address of the opponent and the number of the patent in question, and shall be accompanied by a statement, in duplicate, setting out fully the nature of the opponent's interest (if he is not the proprietor of the patent) and the facts upon which he relies, and by the prescribed fee.

• (3) A copy of the notice and of the statement shall be sent by the Controller to the applicant for cancellation of the entry and thereafter the Controller may give such directions as he thinks fit with regard to the subsequent procedure.

• (4) Where the Controller cancels the entry pursuant to section 69 (3), the proprietor of the patent shall, within two months from the cancellation of the entry, pay a sum equal to the balance of all renewal fees which would have been payable if the entry had not been made.

50 Application for compulsory licence, etc.

50. An application for a compulsory licence or for an entry in the register under section 70 (1) or 72 (1) shall state—

( a ) the name and address of the applicant;

( b ) the number of the patent in question;

( c ) whether the application is for a licence, or an entry in the register;

( d ) the nature of the applicant's interest, the facts upon which he relies, and the grounds upon which the application is made;

and shall be accompanied by evidence verifying the statements in the application, and by the prescribed fee.

51 Consideration of evidence by Controller.

51. (1) If upon consideration of the evidence furnished under Rule 50 the Controller is not satisfied that a prima facie case has been made out for the making of an order, he shall notify the applicant accordingly, and unless within one month the applicant requests to be heard in the matter the Controller shall refuse the application.

• (2) If the applicant requests a hearing within the time allowed, the Controller, after giving the applicant an opportunity of being heard, shall determine whether the application may proceed to advertisement or whether it shall be refused.

• (3) Before the application is advertised the Controller shall direct the applicant to serve copies of the application upon the proprietor of the relevant patent and any other persons appearing from the register to be interested in the patent.

52 Opposition to application.

52. (1) The time within which notice of opposition under section 73 (3) may be given shall be three months after the advertisement of the application under section 73 (2).

• (2) A notice of opposition shall state—

( a ) the name and address of the opponent;

( b ) the number of the patent in question;

( c ) the nature of the opponent's interest and his grounds for opposing the application;

and shall be accompanied by evidence verifying the statements in the notice, and by the prescribed fee.

• (3) The Controller shall notify the applicant of any notice of opposition under section 73 and thereafter may give such directions as he thinks fit with regard to the subsequent procedure.

Rules for Part VI of the Act.

53 Filing new application following order of Controller.

53. Where the Controller orders that a new application may be made under section 81 (4), it shall be made within three months calculated from the day on which the time for appealing from that order expires without an appeal being brought or, where an appeal is brought, from the day on which it is finally disposed of.

54 Request to continue use following transfer of patent.

54. Where an order referred to in section 82 (1) is made, a request under section 82 (2) for the grant of a non-exclusive licence to continue using or, as the case may be, to use the invention shall, if made by any previous proprietor, be made within two months, and in the case of any licensee, four months, of his being notified by the Controller of the making of the order.

Rules for Part VII of the Act.

55 Entries in the register.

55. (1) Upon publication of an application under section 28 the Controller shall cause to be entered in the register in accordance with section 84 (1)—

( a ) the name, address and nationality of the applicant or applicants;

( b ) the name and address of the person or persons stated by the applicant or applicants to be believed to be the inventor or inventors;

( c ) the title of the invention;

( d ) the date of filing and the number of the application for the patent;

( e ) in the case of an application claiming priority under section 26, the date of any previous filing, the state in or for which it was made and the file number;

( f ) the date of publication of the application;

( g ) the address for service of the applicant or applicants.

• (2) The Controller shall also cause to be entered in the register—

( a ) the date on which an application is refused, withdrawn, deemed to be withdrawn or has lapsed;

( b ) the date on which the notice of grant of a patent is published under section 34 (1);

( c ) the name, address and nationality of the person or persons to whom a patent is granted if different from the entries made in accordance with paragraph (1) (a);

( d ) the addresses for service if different from the entry made in accordance with paragraph (1) (g);

( e ) any title following an application under Rule 58 (1).

• (3) The Controller may at any time enter in the register such other particulars as he may deem necessary.

• (4) The register or entries or reproductions of entries in it may be made and kept in any of the forms indicated in section 84 (3).

56 Inspection of register.

56. The register or entries or reproductions of entries in it shall for the purpose of section 84 (2) be open to the inspection of the public, on payment of the prescribed fee, on every day on which the Office is open to the public during the time it is so open.

57 Change of name, etc. in register.

57. (1) A request for the alteration of a name or nationality or an address or an address for service in the register shall state—

( a ) the name and address of the person making the request;

( b ) the number of the patent or published application in question;

( c ) particulars of the alteration desired,

and shall be accompanied by the prescribed fee and by evidence as to the alteration if the latter concerns the name or nationality.

• (2) If the Controller is satisfied that the request may be allowed, he shall cause the register to be altered accordingly.

58 Application for registration of title, etc.

58. (1) An application under section 85 (1) or (2) for the registration of any title or interest or a claim under section 85 (8) that an application for a patent shall proceed in the name of the claimant or in the names of the claimant and the applicant or each of the other applicants, shall be accompanied by a certified copy of the document upon which the claim of the person whose title or interest is to be entered in the register is based or, as the case may be, by virtue of which the claim under section 85 (8) is based, unless the Controller otherwise directs, and by the prescribed fee or fees.

• (2) When a person referred to in paragraph (1) does not claim to be entitled under any document or instrument which is capable in itself of furnishing proof of his title, interest or right he shall, unless the Controller otherwise directs, in conjunction with the application or claim, state a case setting forth the full particulars of the facts upon which his application or claim is based. Such case shall be verified by a statutory declaration.

59 Cancellation of entry of interest in register, etc.

59. (1) On an application under section 85 (4), accompanied by the prescribed fee, the Controller may, if satisfied as to the facts, cancel the entry of an interest in the register.

• (2) The Controller may require such evidence as he thinks fit as to the circumstances in which the application is made, and may take such steps as he thinks fit for safeguarding the interest of the person who held the said interest.

60 Entry in register of payment of renewal fees.

60. Payment of any prescribed renewal fee in respect of the continuation in force of a patent application or a patent shall be entered in the register.

61 Rectification of register.

61. (1) An application to the Controller under section 86 (7) for the rectification of the register shall state—

( a ) the name and address of the applicant;

( b ) the number of the patent or the patent application in question;

( c ) the exact nature of the amendment of the register for which application is made;

and shall be accompanied by a statement setting out fully the nature of the applicant's interest and the facts upon which he relies, and by the prescribed fee.

• (2) A copy of the application and statement shall be sent by the Controller to each person who appears to him, from the register or otherwise, to be interested in the application.

• (3) At any time, within three months from the date of such notification by the Controller, any such interested person may give notice to the Controller of opposition to the application. Such notice shall set out fully the nature of the opponent's interest and the facts upon which he relies.

• (4) Thereafter the Controller may give such directions as he thinks fit with regard to the subsequent procedure.

62 Request for certificate of Controller.

62. A request for a certificate of the Controller as referred to in section 87 (1) shall state—

( a ) the name and address of the person making the request;

( b ) particulars of the entry, matter or thing which the Controller is requested to certify;

( c ) whether copies of any documents are to be annexed to the certificate and, if so, particulars of the documents;

and shall be accompanied by the prescribed fee.

63 Request for copy of document.

63. A request for a copy or extract as referred to in section 87 (2) shall state—

( a ) the name and address of the person making the request;

( b ) particulars of the document of, or from which a copy, or extract, is required;

and shall be accompanied by the prescribed fee.

64 Request for information.

64. (1) A request under section 88 (1) for information relating to any patent or patent application may be made—

( a ) as to when the documents referred to in Rule 23 (2) or the specification of a patent have been published;

( b ) as to when a search report prepared under section 29 has been published;

( c ) as to the form of evidence submitted under section 30 (1);

( d ) as to when a patent application has been withdrawn, deemed to be withdrawn, refused by the Controller or has lapsed;

( e ) as to whether a patent is in force;

• (f) as to when a patent lapsed;

( g ) as to when an application for restoration of a patent has been filed;

( h ) as to when any application or request is made or action taken involving an entry in the register or advertisement in the Journal, if the matter which is the subject of such application, request or action is specified.

• (2) The Controller may, on request, furnish information in relation to—

( a ) the registration of a design;

( b ) the registration of a trade mark or the acceptance of an application for the registration of a trade mark.

• (3) Any such request shall relate to one item of information only and shall be accompanied by the prescribed fee.

65 Inspection of documents and publication of data.

65. (1) After the date of publication of a patent application the Controller shall, in accordance with section 88 (1), upon request and subject to payment of the prescribed fee, permit documents filed or kept in the Office in relation to the application, or to any patent granted in pursuance of it, to be inspected at the Office. This provision shall not apply to a document which the Controller, consequent upon a request from a person filing or sending the document, directs shall be treated as confidential, or to any document sent to the Office for inspection and subsequent return to the sender.

• (2) The following bibliographic data are prescribed for the purposes of section 88 (3) (b)—

( a ) the number of the patent application;

( b ) the date of filing of the patent application and, where priority of a previous application is claimed, the date, state and file number of the previous application;

( c ) the name of the applicant;

( d ) the title of the invention as appearing in the request for grant.

66 Request for search.

66. (1) Subject to paragraph (6) a request under section 89 for a search to be carried out shall state—

( a ) the name and address of the person making the request;

( b ) those documents listed in paragraph (2) amongst which the search is required to be carried out;

( c ) whether the search is in respect of novelty only or novelty and inventive step;

( d ) if possible, the sub-class or group units of the International Patent Classification to which the search is to be confined.

The request shall be accompanied by the prescribed fee.

• (2) Subject to paragraph (6), a search may be made among all or some of the following material—

( a ) patent applications published under this Act;

( b ) applications for patents laid open to public inspection under earlier Acts and complete specifications published under these Acts;

( c ) applications for patents and complete specifications published by the United Kingdom Patent Office, within thirty years before the date of the request under paragraph (1), in both instances as a result of applications filed with that office;

( d ) published applications for European patents in the English language or for which English language abstracts are available;

( e ) published international applications under the Patent Co-operation Treaty in the English language or for which English language abstracts are available.

• (3) A request under paragraph (1) shall be accompanied by a sufficiently full and detailed description (including drawings where appropriate) of the product, process or apparatus, which is the subject of the request to enable the search to be carried out.

• (4) On receipt of a request under paragraph (1) the Controller shall inform the person making the request of the amount of the fee which will be required in respect of the conduct of the search. He shall also inform him if he considers the description accompanying the request to be inadequate for the purpose of conducting the search.

• (5) If the fee referred to in paragraph (4) and, where appropriate, a revised description is not filed within two months of the notification under paragraph (4) the request shall be deemed to be withdrawn. The fee which accompanied the request shall not be refunded.

• (6) A request under paragraph (1) may not be made prior to the date indicated for that purpose in the Journal. The Controller may from time to time indicate by Journal notice any limitations in force as to the material, from that listed in paragraph (2), amongst which a search may be carried out.

Rules for Part VIII of the Act.

67 Notice of hearing.

67. (1) The Controller shall, before exercising adversely to any party to any proceedings before him any discretionary power given to him by the Act, these Rules, or any other enactment, give that party notice that he may be heard.

• (2) Where an inter partes hearing relating to a patent application or a patent takes place after the publication of the application under section 28, the hearing shall be in public, unless the Controller, after consultation with the parties, otherwise directs.

68 Application for and notice of intention to attend hearing.

68. (1) Save as otherwise provided by these Rules, an application for a hearing by the Controller shall be made within ten days from the date of notice by the Controller under Rule 67 (1). The application shall be accompanied by the prescribed fee.

• (2) Upon receiving an application for a hearing the Controller shall notify any other party to the proceedings and if such a party desires to attend and be heard he shall inform the Controller accordingly within ten days of the notification and pay the prescribed fee. The Controller shall give the party or parties concerned not less than ten days' notice of the time of the hearing unless the parties consent to shorter notice.

• (3) A party who fails to attend a hearing appointed in accordance with this Rule may be treated as not desiring to be heard and the Controller may act accordingly.

• (4) If in inter partes proceedings either party intends to refer at the hearing to any document not already mentioned in the proceedings, he shall give to the other party and to the Controller at least ten days' notice of his intention, together with details of each document to which he intends to refer.

69 Notification of decision.

69. (1) The decision of the Controller in the exercise of any discretionary power shall be notified to the party or parties concerned.

• (2) A written statement of the grounds of the decision shall be furnished if application, accompanied by the prescribed fee, is made to the Controller by a party to the hearing within one month from the date of notification of the decision.

• (3) Where, following inter partes proceedings, a written statement of grounds is furnished to one of the parties the Controller shall furnish every other party with a copy of the statement.

70 Security for costs.

70. The states prescribed for the purposes of section 91 (2) are the other member states of the European Economic Community.

71 Form of statutory declaration.

71. A statutory declaration required by the Act or these Rules or used in any proceedings thereunder or required by any other enactment in connection with any proceedings before the Controller shall be headed in the matter to which it relates, drawn up in the first person and divided into paragraphs consecutively numbered, and each paragraph shall so far as is possible be confined to one subject. Every statutory declaration shall state the description and true place of abode of the person making the same, and shall be prepared in accordance with the provisions of Rule 16 (2).

72 Person before whom declaration made outside the State is to be taken.

72. A statutory declaration required by the Act, or these Rules, or used in any proceedings thereunder, or required by any other enactment in connection with any proceedings before the Controller, shall, if made and subscribed outside the State, be made and subscribed before a consular officer, a notary public or a judge or magistrate.

73 Notice of seal of officer taking declaration to prove itself.

73. Any document purporting to have affixed, impressed or subscribed thereto or thereon the seal or signature of any person authorised by the last foregoing Rule to take a declaration, in testimony that the declaration was made and subscribed before him, may be admitted by the Controller without proof of the genuineness of the seal, the signature, the official character of the person or his authority to take the declaration.

74 Time for filing evidence, etc.

74. The Controller may, at any stage of any proceedings before him, direct that such documents, information or evidence as he may require shall be furnished within such period as he may fix.

75 Notice of application to Court.

75. Every application to the Court under the Act or in relation to any other business which is by law a function of the Controller or the Office shall be served on the Controller.

76 Notice of Order of Court.

76. When an Order has been made by the Court in any matter under the Act or in relation to any other business which is by law a function of the Controller or the Office the person in whose favour such Order has been made or, if more than one, such person as the Controller may direct, shall forthwith leave at the Office an office copy of such Order. The Controller shall thereupon make any necessary alteration or rectification of the register or enter the purport of the Order in the register or make or permit such other alteration or take such proceedings as may be necessary to give effect to the Order.

Rules for Part IX of the Act.

77 Days and hours of business.

77. (1) The Office shall be open to the public for the transaction by the public of business under the Act or under any other Act for the administration of which the Controller is responsible every Monday, Tuesday, Wednesday, Thursday and Friday between the hours at 9.45 a.m. and 4.15 p.m. and any other days and hours which may from time to time be notified under this Rule, but shall not be otherwise open.

• (2) Notwithstanding the provisions of paragraph (1) of this Rule the Office shall not be open—

( a ) on any day which is a public holiday or any day which may from time to time be notified under this Rule; or

( b ) at any times which may from time to time be so notified on days which may from time to time be so notified.

• (3) Notification under this Rule shall be posted in a conspicuous place at the Office.

78 Excluded days.

78. Whenever the last day fixed by the Act, or by these Rules, for doing any act or thing at the Office falls on any of the days on which the Office is not open (which days shall be excluded days for the purposes of the Act and these Rules), it shall be lawful to do any such act or thing on the first day which is not an excluded day next following such excluded day, or days, if two or more of them occur consecutively.

Rules for Part X of the Act.

79 Authorisation of patent agents.

79. (1) Unless otherwise allowed by the Controller, the authorisation of a patent agent in accordance with section 105 (1) shall be made in Form No. 5. Where the request for the grant of a patent is signed by the applicant or applicants, an authorisation other than that for which provision is made on Form No. 1 shall not be required from the applicant or applicants.

• (2) Subject to Rule 80—

( a ) all attendances upon the Controller may be made by a patent agent who has been authorised in accordance with paragraph (1) before the attendance, and

( b ) every notice, application or other document filed under the Act or these Rules may be signed by a patent agent in respect of whom an authorisation in accordance with paragraph (1) is filed not later than three months after the notice, application or document is filed.

• (3) Any document or communication served upon or addressed to any patent agent authorised in accordance with paragraph (1) shall be deemed to be served upon or addressed to the person who appointed him.

80 Recognition of patent agents.

80. (1) The Controller may, in accordance with section 109 (2), refuse to recognise as patent agent, or to receive further communications in respect of any business under the Act or these Rules from—

( a ) any person whose name has been erased from the register of patent agents kept under the provisions of the Act and not since restored,

( b ) any person the registration of whose name in the register during a specified period has no effect,

( c ) any solicitor whose name has been struck off the roll of solicitors maintained under the Solicitors Acts, 1954 and 1960, and has not since been restored, or

( d ) any person found by the Minister to have been convicted of any offence or to have been guilty of any such misconduct as, in the case of an individual registered in the register of patent agents, would render him liable to have his name erased from it.

• (2) The Controller may, in accordance with section 109 (3), refuse to recognise as patent agent or to receive further communications in respect of any business under the Act or these Rules from any company or firm if any person whom the Controller could refuse to recognise under paragraph (1) continues to be a director, manager or partner.

81 Place of residence of patent agents.

81. The states prescribed for the purposes of section 107 (1) (a) are the other member states of the European Economic Community.

Rules for Part XI of the Act.

82 Correction of errors.

82. An application for the correction of an error or mistake under section 110 shall state—

( a ) the name and address of the applicant and his interest in the patent or patent application in question;

( b ) the number and date of the patent or patent application;

( c ) exact details of the correction desired, with particulars sufficient to identify the document to be corrected,

and shall be accompanied by the prescribed fee.

Rules for Part XII of the Act.

83 Translation of specification of European patent.

83. (1) The period prescribed for the purpose of section 119 (6) shall be six months from the date of publication of the specification or, in the case of the amended specification referred to in section 119 (6) (b), six months from the carrying out of the amendment.

• (2) The specification or amended specification as the case may be shall not be regarded as having been filed unless the prescribed fee is also paid within the period specified in paragraph (1).

84 Translation of claims of European application.

84. On filing the translation of the claims of a European patent application designating the State at the Office under section 120 (6) the prescribed fee shall be paid.

85 Publication by the Office of corrected translation.

85. Within one month of the filing at the Office of the corrected translation referred to in section 121 (3) the prescribed fee shall be paid if it is desired that the said translation be published by the Office.

86 Conversion of European patent application.

86. (1) A request referred to in section 122 (2) (b) (i) shall indicate the states to which a copy of the European application is to be sent in accordance with Article 136 (2) of the European Patent Convention and the period within which such a request may be made shall be three months from the date on which the applicant is notified by the European Patent Office that his application for a European patent has been deemed to be withdrawn. The request shall be accompanied by the notification issued by the European Patent Office and the prescribed fee. In such a case, the applicant shall in accordance with section 122 (2) (a) pay the filing fee and, where necessary, file a translation in duplicate of the application within a period of two months from the date on which the Controller receives the request. The applicant shall also, within this period, comply with the requirements of section 17 (2).

• (2) Where section 122 (2) (b) (ii) applies, the period within which a request may be transmitted to the Controller shall be 20 months calculated from the date of priority or, where there is no claim to priority, the date of filing of an application for the European patent. Upon receipt of the request, the Controller shall notify the applicant thereof and the filing fee shall be paid and, where necessary, a translation in duplicate of the application shall be filed by the applicant within the period of two months calculated from the date of the notification. The applicant shall also, within this period, comply with the requirements of section 17 (2).

87 Filing of international applications at Office.

87. (1) Where the Office is the competent receiving office under the Treaty, an international application shall be filed at it in English in triplicate, accompanied by the prescribed transmittal fee.

• (2) If less than three copies of the international application are so filed, the applicant shall pay on demand, to the Office, the prescribed charge for preparation by it of the number of copies of the application required to bring the total to three.

• (3) Payment of the basic fee and the designation fees referred to in rule 15.1 of the Regulations under the Treaty shall be made to the Office in the currency of the State and in the amounts fixed in accordance with the provisions of rule 15.2 (b) of the said Regulations. The fees shall be paid within the time specified in rule 15.4 of the Regulations.

• (4) Payment of the search fee referred to in rule 16.1 of the said Regulations shall be made to the Office in the currency of the State within the time prescribed in that rule and in the amount fixed in accordance with the provisions of rule 16.1 (b) of the said Regulations.

• (5) In the event of failure to comply with the provisions of paragraphs (3) and (4), the provisions of rule 16. bis of the Regulations shall apply.

• (6) A request under rule 20.9 of the said Regulations for a certified copy of an international application as filed with the Office as receiving office and of any corrections thereto shall be accompanied by the prescribed fee.

88 Communication of information.

88. The Controller may, in accordance with section 131, authorise the communication to the European Patent Office or the competent authority of any state which is party to the European Patent Convention of such information in the files of the Office as may be disclosed in accordance with section 88 and Rules 64 and 65, or as is included in documents published under section 28 and Rule 23, or as is included in the register.

General.

89 Fees.

89. (1) The fees to be paid in connection with any provision of the Act and these Rules shall be those specified in Schedule I or elsewhere in these Rules. Save as provided in paragraph (2) or (3) of this Rule, payment of a fee or fees by any person shall be made by cheque payable to the Minister for Industry and Commerce and crossed "& Co.", guaranteed to the satisfaction of the Controller, drawn on any bank carrying on business in the State and presented at the Office with the application or the matter to which it relates.

• (2) Payment of a fee or fees by a person who, at the date of the payment, is outside the State shall be made by banker's draft, or Post Office Money Order payable to the Minister for Industry and Commerce and crossed "& Co." and sent by post to the Office.

• (3) Any fee or fees paid at the Office not exceeding £50 may be paid in cash.

• (4) A request for the remission of the whole or part of any fee properly paid shall be made in writing. No appeal shall lie from any decision of the Controller in respect of such a request.

• (5) Fees shall be paid in the currency of the State.

90 Forms.

90. The forms mentioned in these Rules are those set out in Schedule II.

91 Signature of documents.

91. (1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by all the partners, or by any partner authorised to sign on behalf of the partnership, or by any other person who satisfies the Controller that he is authorised to sign the document.

• (2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a director (if any) or the secretary (if any) of the body corporate or by any other person who satisfies the Controller that he is authorised to sign the document.

• (3) A document purporting to be signed for or on behalf of an unincorporated body (not being a partnership) may be signed by any person who satisfies the Controller that he is duly authorised to sign it.

92 Address for service.

92. (1) Every person concerned in any proceeding under the Act or these Rules and every proprietor of a patent (including a European patent designating the State) shall give to the Controller an address for service in the State and that address may for all purposes under the Act and these Rules be treated as the actual address of such person. A letter addressed to such a person or proprietor at his address for service shall be deemed to be properly addressed.

• (2) For the purposes of this Rule, in a case where the person or proprietor concerned desires that the address for service shall consist of the address of a patent agent who is registered in the register of patent agents, the Controller may accept an address for service comprising the name of the patent agent so registered followed by a statement in the following terms:— "at his address as recorded for the time being in the register of patent agents".

93 Representation by patent agent.

93. (1) Every person concerned in any proceedings under the Act or these Rules who is not resident, or has not his principal place of business in the State shall be represented by a duly authorised patent agent and shall act through him in all proceedings before the Controller or the Office.

• (2) Every applicant for a patent shall, for the purpose of submitting any statement or amendment under the provisions of section 29 (4) or section 30 (4) or (5), be represented by a duly authorized patent agent.

94 Furnishing of documents

94. (1) Where a document, other than a patent application or the specification of a patent granted under this Act, is referred to in any reference, notice, statement, counter-statement or evidence required by the Act or these Rules to be filed at the Office or sent to the Controller, copies of the document shall, subject to paragraph (2), be burnished to the Office within the same period as the reference, notice, statement, counter-statement or evidence in which they are first referred to may be filed and in the following number—

( a ) where the document in which they are so referred to had to be filed or sent in duplicate or the original document had to be accompanied by a copy thereof, in duplicate; and

( b ) in all other cases, one copy provided that where a copy of any evidence is required by the Act or these Rules to be sent direct to any person, a copy of any document referred to in that evidence shall also be sent direct to that person.

• (2) The Controller may require the filing of a copy of any document referred to in any of the forms of evidence mentioned in Rule 27 or brought to notice in any report referred to in Rule 25. The copy shall be filed within two months of the notification that it is required.

95 Documents in a foreign language.

95. (1) Where a document in a foreign language is filed in connection with any proceedings under the Act or these Rules, it shall, unless otherwise provided, be accompanied by a translation thereof verified to the satisfaction of the Controller. Where the document is or forms part of an application for a patent, the Office shall not, in the absence of such a translation, take any further action in relation to that document, unless the Controller so directs.

• (2) Where more than one copy of that document is required to be so filed, a corresponding number of copies of the translation shall accompany it.

• (3) Where the evidence furnished under section 30 (1) or any document filed in accordance with Rule 94 (2) is in a foreign language, a translation of the evidence or of that document verified to the satisfaction of the Controller shall be filed within two months of the request to file the translation.

• (4) Where proceedings are instituted before the Controller in relation to a European patent designating the State the specification of which was published in French or German, the party who institutes those proceedings shall furnish to the Office a translation of the specification of the patent, verified to the satisfaction of the Controller as corresponding to the original text thereof, unless such a translation has already been filed under section 119 (6).

• (5) If, in the course of such proceedings, leave is given for the amendment of the specification of the European patent designating the State, a translation of the amendment into the language in which the specification of the patent was published, verified to the satisfaction of the Controller, shall be furnished to the Controller.

• (6) The Controller may refuse to accept any translation which is in his opinion inaccurate and thereupon another translation verified as aforesaid shall be furnished, together with the appropriate number of copies thereof.

96 Power to dispense with evidence, signature, etc.

96. Where, under these Rules, any person is required to do any act or to sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence (other than evidence under Rule 27) is required to be produced to or left with the Controller or at the Office, and it is shown to the satisfaction of the Controller that from any reasonable cause such person is unable to do such act or thing or to sign such document or to make such declaration or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Controller, upon the production of such evidence and subject to such terms as he thinks fit, to dispense with any such act or thing, signature, declaration, document or evidence.

97 General power of amendment.

97. Any document for the amending of which no special provision is made by the Act may be amended, and any irregularity in procedure which in the opinion of the Controller may be obviated without detriment to the interests of any person may be corrected, if and on such terms and in such manner as the Controller thinks fit; provided that, without prejudice to the Controller's power to extend any times or periods under Rule 98 and except where such irregularity is attributable wholly or in part to an error, default or omission on the part of the Office, the Controller shall not direct that any period of time specified in the Act or Rules shall be altered.

98 General power to enlarge time.

98. (1) Subject to paragraph (5) the times or periods prescribed by these Rules for doing any act or taking any proceeding thereunder, other than times or periods prescribed in the Rules specified in paragraph (3), may upon request made to him, accompanied by the prescribed fee, be extended by the Controller if he thinks fit, upon such notice to the parties and upon such terms as he may direct, and such extension may be granted although the time or period for doing such act or taking such proceeding has already expired.

• (2) The Controller shall not grant an extension under paragraph (1) if the request therefor is made more than one month after the expiry of the prescribed time or period for doing the act or taking the proceeding in question.

• (3) The Rules referred to in paragraph (1) are Rules 6, 14 (3), 14 (18), 18, 19, 21, 22, 24 (1), 24 (4), 28 (1), 29, 33, 34, 39 (2), 40 (3), 48 (2), 49 (1), 52 (1) and 86.

• (4) Where the period within which any party to a dispute may file evidence under these Rules is to begin after the expiry of any period in which any other party may file evidence under these Rules and that other party notifies the Controller that he does not wish to file any or any further evidence, the Controller may direct that the period within which the first-mentioned party may file evidence shall begin on such date as may be specified in the direction and shall notify all the parties to the dispute of that date.

• (5) Where any period of time specified in the Act or these Rules for the giving, making or filing of any notice, application or other document expires on a day certified by the Controller as being one on which there is a general interruption or subsequent dislocation in the postal service of the State, the period shall be extended to the first day following the end of the period of interruption or dislocation.

• (6) Where an application for a patent is filed upon the day immediately following a day which is certified under paragraph (5) or which is an excluded day for the purposes of section 104, the period specified in section 12 shall be computed from the day following the next preceding day which is neither so certified nor so excluded.

99 Reinstatement of application.

99. (1) If an application for a patent is refused by the Controller arising from an omission by the applicant to reply to a communication within a time limit specified by the Controller for so doing, the applicant may apply to the Controller for reinstatement of the application.

• (2) An application under paragraph (1) shall be invalid—

( a ) if it is not made within a period of two months from the date on which the decision to refuse was notified; and

( b ) if it is not accompanied by the prescribed fee; and

( c ) if the omitted act which led to the refusal is not carried out within the two months specified in (a).

SCHEDULE I

FEES PAYABLE

Item No.	Item	Amount £
1.	On filing an application
	Under Part II — section 18 (3).	117.00
	Under Part III — section 63 (8).	55.00
2.	On request for Controller's certificate authorising the release of a sample of deposited culture — Rule 14 (6) and (16).	10.00
3.	Additional fee under Rule 21 (2)
	For the first month.	100.00
	For the second month.	150.00
4.	On application for extension of time of one month for filing copy of previous application required for claiming priority — Rule 22 (2).	10.00
5.	Fee in connection with previous application filed at the Office — Rule 22 (4).	10. 00
6.	On request for a search
	Under section 29 (1).	285.00
	Under section 29 (2).	285.00
7.	On submitting evidence under section 30 — Rule 27 (2).	68.00
8.	On request for an extension of time under Rule 27 (4)
	For each month of extension.	10.00
9.	Fee for the grant of a patent
	Where the patent application was filed under Part II.	51.00
	Where the patent application was filed under Part III.	25.00
10.	On application for extension of time for payment of the fee for grant of a patent — Rule 29
	For each month of extension.	15.00
11.	On application to amend the request for grant — Rule 30.	10.00
12.	On application for leave to amend the description, claims or drawings — Rule 31 (3).
13.	Application renewal fee — Rule 33	25.00
14.	For renewal of a patent — Rule 34	50.00
	Where the patent application was filed under Part II
	In respect of the 3rd year	54.00
	In respect of the 4th year	72.00
	In respect of the 5th year	90.00
	In respect of the 6th year	106.00
	In respect of the 7th year	122.00
	In respect of the 8th year	140.00
	In respect of the 9th year	154.00
	In respect of the 10th year	174.00
	In respect of the 11th year	191.00
	In respect of the 12th year	209.00
	In respect of the 13th year	225.00
	In respect of the 14th year	245.00
	In respect of the 15th year	264.00
	In respect of the 16th year	281.00
	In respect of the 17th year	301.00
	In respect of the 18th year	322.00
	In respect of the 19th year	345.00
	In respect of the 20th year	369.00
	Where the patent application was filed under Part III	In respect of the 3rd to the 10th years, one half of the renewal fees specified above.
15.	On request for extension of period for payment of renewal fees — sections 35 (2) and 36 (3)
	For the first month.	9.00
	For the second month.	9.00
	For the third month.	9.00
	For the fourth month.	15.00
	For the fifth month.	15.00
	For the sixth month.	15.00
16.	On application for the restoration of a lapsed patent or patent application — Rule 35.	60.00
17.	On opposition to the restoration of a patent or patent application — Rule 36.	10.00
18.	Additional fee on restoration of a patent or patent application — Rule 37.	20.00
19.	On application to amend the specification of a patent — Rule 39 (1).	50.00
20.	On notice of opposition to the amendment of the specification of a patent — Rule 39 (3).	20.00
21.	On notice of opposition to the surrender of a patent — Rule 40 (3).	40.00
22.	On application to the Controller for the revocation of a patent — Rule 41 (1).	100.00
23.	On application for entry in register that licences are to be available as of right — Rule 46.	20.00
24.	On application for settlement of terms of a licence of right — Rule 47 (1).	200.00
25.	On application by proprietor under section 69 (1) for cancellation of entry in the register — Rule 48 (1).	40.00
26.	On application under section 69 (2) for cancellation of entry in the register — Rule 48 (2).	40.00
27.	On notice of opposition to cancellation of entry in the register — Rule 49 (2).	20.00
28.	On application for compulsory licence or entry in the register under section 70 (1) or section 72 (1) — Rule 50.	250.00
29.	On notice of opposition under section 73 (3) — Rule 52 (2).	40.00
30.	For inspection of register — Rule 56
	For each quarter of an hour or part thereof.	1.50
31.	On request for alteration of name, nationality, address or address for service in the register — Rule 57
	For each application or patent.	8.00
32.	On application or claim under section 85 — Rule 58 (1).	40.00
	For each additional patent or application where the devolution of title is the same as in the first patent or application.	5.00
33.	On application for cancellation of entry of interest in register — Rule 59 (1).	5.00
34.	On application to the Controller under section 86 (7) for rectification of the register —Rule 61 (1).	40.00
35.	On request for certificate of Controller under Rule 62.	10.00
36.	For each document annexed to a certificate requested under Rule 62.	10.00
37.	On request for copy or extract — Rule 63. For each page	3.00 0.50
38.	On request for information — Rule 64 (3) For each item.	5.00
39.	For inspection of documents — Rule 65 (1)
	For each quarter of an hour or part thereof.	1.50
40.	On request for a search — Rule 66 (1).	10.00
41.	Fee for conducting a search — Rule 66 (4)
	For each estimated hour of search time.	75.00
42.	On application for a hearing — Rule 68(1).	20.00
43.	On notice that hearing will be attended — Rule 68 (2).	20.00
44.	On request to the Controller to state grounds of his decision — Rule 69 (2).	75.00
45.	On application for the correction of an error or mistake — Rule 82.	5.00
46.	On filling translation of specification of European patent designating the State or of such a specification as amended — section 119 (6).	30.00
47.	On filing translation of claims of an application for a European patent designating the State — section 120 (6).	30.00
48.	For publication by the Office of a corrected translation filed under section 121 (3) — Rule 85.	30.00
49.	On request for conversion of European patent application — Rule 86(1).	25.00
50.	Transmittal fee on filing an international application at the Office — Rule 87 (1).	60.00
51.	For preparation of copies of international applications — Rule 87 (2)
	For each page comprising the application.	0.50
52.	On request for a certified copy of an international application — Rule 87 (6).	20.00
53.	On application for extension of time under Rule 98
	For each month of extension.	25.00
54.	On application for reinstatement of an application — Rule 99 (2).	75.00
55.	On application for insertion of notice in the Journal for the purposes of section 13 (7) of the Copyright Act, 1963 .	5.00
56.	For reproductions of patent applications filed at the Office and open to inspection
	For each page required.	0.25
57.	For reproductions of any other published patent documents made available at the Office and which the Controller indicates, by Journal notice from time to time, are available for reproduction
	For each page.	0.25
58.	For reproductions of entries in the register
	For each page.	0.25
59.	For inspection of any classified indices of published patent applications or patents or any patent documents made available at the Office
	For each quarter of an hour or part thereof.	1.50

SCHEDULE II

FORMS

Form No. 1	Request for the grant of a patent Rule 8
Form No. 2	Statement of Inventorship and of right to grant of a patent Rule 6
Form No. 3	Certificate of grant of a patent Rule 32
Form No. 4	Payment of Patent Renewal Fee Rule 34
Form No. 5	Authorisation of patent agent Rule 79
Form No. 6	Request for Controller's Certificate authorising release of sample of micro-organism Rule 14 (6)
Form No. 7	Notification to Controller that a sample of a micro-organism may be made available only to an expert Rule 14 (13)
Form No. 8	Request for Controller's Certificate authorising release of sample of micro-organism to expert Rule 14 (16)

FORM NO. 1

Request for the Grant of a Patent

	PATENTS ACT, 1992	PATENTS ACT, 1992	PATENTS ACT, 1992	PATENTS ACT, 1992	PATENTS ACT, 1992	PATENTS ACT, 1992	PATENTS ACT, 1992
The Applicant(s) named herein hereby request(s)	The Applicant(s) named herein hereby request(s)	The Applicant(s) named herein hereby request(s)	The Applicant(s) named herein hereby request(s)	The Applicant(s) named herein hereby request(s)	The Applicant(s) named herein hereby request(s)	The Applicant(s) named herein hereby request(s)	The Applicant(s) named herein hereby request(s)
		the grant of a patent under Part II of the Act	the grant of a patent under Part II of the Act	the grant of a patent under Part II of the Act	the grant of a patent under Part II of the Act	the grant of a patent under Part II of the Act	the grant of a patent under Part II of the Act
		the grant of a short-term patent under Part III of the Act	the grant of a short-term patent under Part III of the Act	the grant of a short-term patent under Part III of the Act	the grant of a short-term patent under Part III of the Act	the grant of a short-term patent under Part III of the Act	the grant of a short-term patent under Part III of the Act
on the basis of the information furnished hereunder.	on the basis of the information furnished hereunder.	on the basis of the information furnished hereunder.	on the basis of the information furnished hereunder.	on the basis of the information furnished hereunder.	on the basis of the information furnished hereunder.	on the basis of the information furnished hereunder.	on the basis of the information furnished hereunder.
1.	Applicant(s)	Applicant(s)	Applicant(s)	Applicant(s)	Applicant(s)	Applicant(s)	Applicant(s)
	Name	Name	Name	Name	Name	Name	Name
	Address	Address	Address	Address	Address	Address	Address
	Description/Nationality	Description/Nationality	Description/Nationality	Description/Nationality	Description/Nationality	Description/Nationality	Description/Nationality
2.	Title of Invention	Title of Invention	Title of Invention	Title of Invention	Title of Invention	Title of Invention	Title of Invention
3.	Declaration of Priority on basis of previously filed application(s) for same invention (Sections 25 & 26)	Declaration of Priority on basis of previously filed application(s) for same invention (Sections 25 & 26)	Declaration of Priority on basis of previously filed application(s) for same invention (Sections 25 & 26)	Declaration of Priority on basis of previously filed application(s) for same invention (Sections 25 & 26)	Declaration of Priority on basis of previously filed application(s) for same invention (Sections 25 & 26)	Declaration of Priority on basis of previously filed application(s) for same invention (Sections 25 & 26)	Declaration of Priority on basis of previously filed application(s) for same invention (Sections 25 & 26)
	Previous filing date	Previous filing date	Previous filing date	Previous filing date	Country in or for which filed	Country in or for which filed	Filing No.
4.	Identification of Inventor(s)	Identification of Inventor(s)	Identification of Inventor(s)	Identification of Inventor(s)	Identification of Inventor(s)	Identification of Inventor(s)	Identification of Inventor(s)
	Name(s) of person(s) believed	Name(s) of person(s) believed	Name(s) of person(s) believed	Name(s) of person(s) believed	Name(s) of person(s) believed	Name(s) of person(s) believed	Name(s) of person(s) believed
	by Applicant(s) to be the inventor(s)	by Applicant(s) to be the inventor(s)	by Applicant(s) to be the inventor(s)	by Applicant(s) to be the inventor(s)	by Applicant(s) to be the inventor(s)	by Applicant(s) to be the inventor(s)	by Applicant(s) to be the inventor(s)
	Address	Address	Address	Address	Address	Address	Address
5.	Statement of right to be granted a patent (Section 17 (2) (b))	Statement of right to be granted a patent (Section 17 (2) (b))	Statement of right to be granted a patent (Section 17 (2) (b))	Statement of right to be granted a patent (Section 17 (2) (b))	Statement of right to be granted a patent (Section 17 (2) (b))	Statement of right to be granted a patent (Section 17 (2) (b))	Statement of right to be granted a patent (Section 17 (2) (b))
6.	Items accompanying this Request — tick as appropriate	Items accompanying this Request — tick as appropriate	Items accompanying this Request — tick as appropriate	Items accompanying this Request — tick as appropriate	Items accompanying this Request — tick as appropriate	Items accompanying this Request — tick as appropriate	Items accompanying this Request — tick as appropriate
	(i)		prescribed filing fee (£ )	prescribed filing fee (£ )	prescribed filing fee (£ )	prescribed filing fee (£ )	prescribed filing fee (£ )
	(ii)		specification containing a description and claims	specification containing a description and claims	specification containing a description and claims	specification containing a description and claims	specification containing a description and claims
			specification containing a description only	specification containing a description only	specification containing a description only	specification containing a description only	specification containing a description only
			Drawings referred to in description or claims	Drawings referred to in description or claims	Drawings referred to in description or claims	Drawings referred to in description or claims	Drawings referred to in description or claims
	(iii)		An abstract	An abstract	An abstract	An abstract	An abstract
	(iv)		Copy of previous application(s) whose priority is claimed	Copy of previous application(s) whose priority is claimed	Copy of previous application(s) whose priority is claimed	Copy of previous application(s) whose priority is claimed	Copy of previous application(s) whose priority is claimed
	(v)		Translation of previous application whose priority is claimed	Translation of previous application whose priority is claimed	Translation of previous application whose priority is claimed	Translation of previous application whose priority is claimed	Translation of previous application whose priority is claimed
	(vi)		Authorisation of Agent (this may be given at 8 below if this Request is signed by the Applicant(s) )	Authorisation of Agent (this may be given at 8 below if this Request is signed by the Applicant(s) )	Authorisation of Agent (this may be given at 8 below if this Request is signed by the Applicant(s) )	Authorisation of Agent (this may be given at 8 below if this Request is signed by the Applicant(s) )	Authorisation of Agent (this may be given at 8 below if this Request is signed by the Applicant(s) )
7.	Divisional Application(s)	Divisional Application(s)	Divisional Application(s)	Divisional Application(s)	Divisional Application(s)	Divisional Application(s)	Divisional Application(s)
	The following information is applicable to the present application which is made under Section 24—	The following information is applicable to the present application which is made under Section 24—	The following information is applicable to the present application which is made under Section 24—	The following information is applicable to the present application which is made under Section 24—	The following information is applicable to the present application which is made under Section 24—	The following information is applicable to the present application which is made under Section 24—	The following information is applicable to the present application which is made under Section 24—
	Earlier Application No: ............................................................ ............................................................ ...	Earlier Application No: ............................................................ ............................................................ ...	Earlier Application No: ............................................................ ............................................................ ...	Earlier Application No: ............................................................ ............................................................ ...	Earlier Application No: ............................................................ ............................................................ ...	Earlier Application No: ............................................................ ............................................................ ...	Earlier Application No: ............................................................ ............................................................ ...
	Filing Date: ............................................................ ............................................................ ........................	Filing Date: ............................................................ ............................................................ ........................	Filing Date: ............................................................ ............................................................ ........................	Filing Date: ............................................................ ............................................................ ........................	Filing Date: ............................................................ ............................................................ ........................	Filing Date: ............................................................ ............................................................ ........................	Filing Date: ............................................................ ............................................................ ........................
8.	Agent	Agent	Agent	Agent	Agent	Agent	Agent
	The following is authorised to act as agent in all proceedings connected with the obtaining of a patent to which this request relates and in relation to any patent granted—	The following is authorised to act as agent in all proceedings connected with the obtaining of a patent to which this request relates and in relation to any patent granted—	The following is authorised to act as agent in all proceedings connected with the obtaining of a patent to which this request relates and in relation to any patent granted—	The following is authorised to act as agent in all proceedings connected with the obtaining of a patent to which this request relates and in relation to any patent granted—	The following is authorised to act as agent in all proceedings connected with the obtaining of a patent to which this request relates and in relation to any patent granted—	The following is authorised to act as agent in all proceedings connected with the obtaining of a patent to which this request relates and in relation to any patent granted—	The following is authorised to act as agent in all proceedings connected with the obtaining of a patent to which this request relates and in relation to any patent granted—
	Name	Name	Name	Name	Name	Address	Address
9.	Address for Service (if different from that at 8)	Address for Service (if different from that at 8)	Address for Service (if different from that at 8)	Address for Service (if different from that at 8)	Address for Service (if different from that at 8)	Address for Service (if different from that at 8)	Address for Service (if different from that at 8)
	Signed	Signed	Signed	Name(s):	Name(s):	Name(s):	Name(s):
				Capacity (if applicant is a body corporate):	Capacity (if applicant is a body corporate):	Capacity (if applicant is a body corporate):	Capacity (if applicant is a body corporate):
	Date	Date	Date

FORM NO. 2

Statement of Inventorship and of right to grant of a patent

PATENTS ACT, 1992	PATENTS ACT, 1992	PATENTS ACT, 1992
1.	Application No.	Application No.
2.	Title of Invention	Title of Invention
3.	Declaration:	Declaration:
	I/We, the Applicant(s) in the above identified application, believe the following person(s) to be the inventor(s) of the invention to which the application relates:	I/We, the Applicant(s) in the above identified application, believe the following person(s) to be the inventor(s) of the invention to which the application relates:
	Name of Inventor	Address
4.	Statement of right of Applicant(s) to be granted a patent	Statement of right of Applicant(s) to be granted a patent
	Signed	Name(s):
		Capacity (if applicant is a body corporate):
	Date

FORM NO. 3

Certificate of grant of a patent	Certificate of grant of a patent	Certificate of grant of a patent
PATENTS ACT, 1992	PATENTS ACT, 1992	PATENTS ACT, 1992
It is hereby certified that a patent bearing the specification No. has been granted to	It is hereby certified that a patent bearing the specification No. has been granted to	It is hereby certified that a patent bearing the specification No. has been granted to
in respect of an invention entitled	in respect of an invention entitled	in respect of an invention entitled
which invention was the subject of an application for that patent under Part of the Act having a date of filing of	which invention was the subject of an application for that patent under Part of the Act having a date of filing of	which invention was the subject of an application for that patent under Part of the Act having a date of filing of
Dated this	day of	19
Controller of Patents, Designs and Trade Marks	Controller of Patents, Designs and Trade Marks	Controller of Patents, Designs and Trade Marks

FORM NO. 4

Payment of Patent Renewal Fee	Payment of Patent Renewal Fee	Payment of Patent Renewal Fee
PATENTS ACT, 1992	PATENTS ACT, 1992	PATENTS ACT, 1992
1.	Patent No.	Patent No.
2.	Proprietor
3.	Address for Service
4.	Fee
	Year for which fee paid	Amount Paid
5.	Name and Address of person transmitting fee (if different from 3 above)	Name and Address of person transmitting fee (if different from 3 above)
	Signed	Signed
	Date	Date

FORM NO. 5

Authorisation of patent agent	Authorisation of patent agent	Authorisation of patent agent
PATENTS ACT, 1992	PATENTS ACT, 1992	PATENTS ACT, 1992
I/We, the undersigned, hereby appoint the following to act as my/our agent	I/We, the undersigned, hereby appoint the following to act as my/our agent	I/We, the undersigned, hereby appoint the following to act as my/our agent
Name of Agent	Name of Agent	Address
in connection with ............................................................ ............................................................ .....................	in connection with ............................................................ ............................................................ .....................	in connection with ............................................................ ............................................................ .....................
............................................................ ............................................................ .....................................................	............................................................ ............................................................ .....................................................	............................................................ ............................................................ .....................................................
Signed	Name(s)	Name(s)
	Capacity (if authorisation being given by a body corporate)	Capacity (if authorisation being given by a body corporate)
Date

FORM NO. 6