Legalize / United Kingdom / Statutory-Instrument

The Patents Rules 2007

Type Statutory-Instrument

Publication 2007-11-19

Last updated 2021-01-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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PART 6 — INTERNATIONAL APPLICATIONS

Interpretation

Interpretation relating to international applications

64

In this Part the following have the same meaning as they have in the Patent Co-operation Treaty—

“competent receiving Office”;

“International Preliminary Examination Report”;

“International Preliminary Report on Patentability”;

“International Search Report”;

“International Searching Authority”;

“receiving Office”.

Filing at the Patent Office

Filing of international applications at the Patent Office

65

(1) An international application for a patent filed at the Patent Office as a competent receiving Office under the Patent Co-operation Treaty must be filed in English or Welsh.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where the Patent Office was acting on behalf of the International Bureau as the receiving Office, the comptroller shall only transmit an international application for a patent filed at the Patent Office to the International Bureau and the International Searching Authority after the appropriate fee has been paid.

(4) A request under the Treaty for a certified copy of an international application for a patent (including any corrections to that application) filed at the Patent Office as the competent receiving Office must be filed on Patents Form 23.

Beginning the national phase, international exhibitions and altered prescribed periods

Beginning of national phase

66

(1) The prescribed period for the purposes of section 89A(3)(a) and (5)(a) is thirty one months beginning immediately after—

(a) where there is no declared priority date, the date of filing of the application;

(b) where there is a declared priority date, that date.

(2) But where the applicant has been notified under rule 69(5), the period prescribed for the purposes of section 89A(3)(a) and (5)(a) is three months beginning immediately after the date of the notification.

(3) Where an international application for a patent (UK) has begun the national phase, a request for permission to make a late declaration may be made under section 5(2B) before the end of the period of one month beginning immediately after the date the national phase of the application begins.

International exhibitions

67

(1) Paragraph (2) applies where an applicant, on filing an international application for a patent (UK), states in writing to the receiving office that the invention has been displayed at an international exhibition.

(2) The prescribed period for the purposes of section 2(4)(c) is two months beginning immediately after the date on which the national phase begins.

Altered prescribed periods

68

(1) This rule applies to an international application for a patent (UK) which has begun the national phase of the application.

(2) The period prescribed for the purposes of section 13(2) is—

(a) the period prescribed by rule 10(3); or

(b) if it expires later, the period of two months beginning immediately after the date on which the national phase begins.

(3) The period prescribed for the purposes of sections 15(10)(c) and (d) and 17(1) is—

(a) the period prescribed by rule 22(2) and (7); or

(b) if it expires later, the period of two months beginning immediately after the date on which the national phase begins.

(4) The period prescribed for the purposes of section 18(1) is—

(a) thirty three months beginning immediately after—

(i) where there is no declared priority date, the date of filing of the application; or

(ii) where there is a declared priority date, that date; or

(b) if it expires later, the period of two months beginning immediately after the date on which the national phase begins.

Translations

Necessary translations under section 89A(3) and (5)

69

(1) A translation is necessary for the purposes of section 89A(3) where any of the following are not in English—

(a) the international application for a patent (UK) as published in accordance with the Patent Co-operation Treaty;

(b) where the information mentioned in paragraph 3(2)(a) and (b) of Schedule 1 (biological material) has been provided, that information.

(2) Where the applicant expressly requests the comptroller to proceed with the national phase before the end of the period prescribed by rule 66(1), the translation must include the request and abstract.

(3) But paragraph (2) does not apply where a copy of the application, as published in accordance with the Patent Co-operation Treaty, is available to the comptroller.

(4) A translation of an amendment is necessary for the purposes of section 89A(5) where any amendment made to the application is not in English and has either been—

(a) published under the Patent Co-operation Treaty; or

(b) annexed to the International Preliminary Examination Report.

(5) At the end of the period prescribed by rule 66(1), the comptroller must notify the applicant that a necessary translation is missing if—

(a) a translation of the application has been filed, but a translation of the amendment has not been filed; or

(b) the information mentioned in paragraph 3(2)(a) and (b) of Schedule 1 (biological material) has been provided, but a translation of that information has not been filed,

and the prescribed fee has been paid.

Requirements of necessary translations

70

(1) This rule applies to translations which are necessary for the purposes of section 89A(3) and (5).

(2) Such a translation is necessary for only that part of the application which is in a language other than English.

(3) Where the application includes a drawing which is annotated, the translation shall include either—

(a) a copy of the original drawing where the original annotations have been replaced by annotations in English; or

(b) a new drawing with the annotations in English.

(4) Where a title has been established for the application by the International Searching Authority, the translation must include that title (and not any title which was included in the application as it was originally filed).

(5) Where—

(a) the description of the invention includes a sequence listing; and

(b) the listing complies with the relevant requirements of the Patent Co-operation Treaty,

the translation of the application may exclude a translation of the sequence listing.

(6) This rule applies to translations of amendments as it applies to translations of applications and accordingly references to “application” shall be construed as references to “amendment”.

Application deemed withdrawn or filing date refused under the Patent Co-operation Treaty

Directions under section 89(3) and (5)

71

(1) The applicant may, before the end of the relevant period, make a written request to the comptroller to give a direction under section 89(5).

(2) The applicant may notify the comptroller that the circumstances mentioned in section 89(3) or rule 72 apply to his application.

(3) The request under paragraph (1) must be accompanied by—

(a) a statement of the reasons for the request; and

(b) the fee prescribed for the purposes of section 89A(3).

(4) The relevant period is two months beginning immediately after the date on which—

(a) the International Bureau; or

(b) the receiving Office,

notifies the applicant that his international application for a patent (UK) is refused a filing date under the Patent Co-operation Treaty.

(5) Where the applicant has made a request to the comptroller under paragraph (1), the comptroller may direct the applicant to furnish him with any document, information or evidence within such period as the comptroller may specify.

(6) Where the applicant fails, before the end of the period specified, to comply with a direction given under paragraph (5), the comptroller may treat him as having withdrawn his request.

(7) Where section 89(3) applies or a direction has been given under section 89(5) the comptroller may—

(a) alter any period of time (whether it has already expired or not) specified in the Act or listed in Parts 1 to 3 of Schedule 4; and

(b) amend any document kept at the Patent Office in relation to the application,

subject to such conditions as the comptroller may direct.

Circumstance prescribed for the purposes of section 89(3)

72

The other circumstance prescribed for the purposes of section 89(3) is where the comptroller determines that, in comparable circumstances in relation to an application under the Act (other than an international application for a patent (UK)), he would have exercised his powers under rule 107 or 108 to prevent the application being treated as withdrawn.

PART 7 — PROCEEDINGS HEARD BEFORE THE COMPTROLLER

Introductory

Scope and interpretation

73

(1) This Part applies to the following proceedings heard before the comptroller—

(a) applications, references and requests under the provisions mentioned in Part 1 of Schedule 3;

(b) oppositions under the provisions mentioned in Part 2 of that Schedule.

(2) The rules listed in Part 4 of that Schedule apply to any proceedings heard before the comptroller under the Act.

(3) In this Part—

“claimant” means a person who starts proceedings or is treated as starting proceedings under rule 76(1);

“defendant” means a person who files a counter-statement under rule 77(6) or (8);

“statement of case” means the statement of grounds or the counter-statement and references to a statement of case include part of the statement of case;

“statement of grounds” means a statement filed by the claimant;

“statement of truth” means a statement that the person making the statement believes that the facts stated in a particular document are true; and

“witness statement” means a written statement signed by a person that contains the evidence which that person would be allowed to give orally.

Overriding objective

74

(1) The rules in this Part set out a procedural code with the overriding objective of enabling the comptroller to deal with cases justly.

(2) Dealing with a case justly includes, so far as is practicable—

(a) ensuring that the parties are on an equal footing;

(b) saving expense;

(i) to the amount of money involved,

(ii) to the importance of the case,

(iii) to the complexity of the issues, and

(iv) to the financial position of each party;

(d) ensuring that it is dealt with expeditiously and fairly; and

(e) allotting to it an appropriate share of the resources available to the comptroller, while taking into account the need to allot resources to other cases.

(3) The comptroller shall seek to give effect to the overriding objective when he—

(a) exercises any power given to him by this Part; or

(b) interprets any rule in this Part.

(4) The parties are required to help the comptroller to further the overriding objective.

Publication of notices

75

(1) Subject to paragraph (2) and rule 105(5) the comptroller must advertise in the journal any event to which it is possible to object under any of the provisions mentioned in Part 2 or 3 of Schedule 3.

(2) Where an amendment to the specification of a patent is proposed by the proprietor under section 75(1) the comptroller may, if he thinks fit, advertise in the journal the proposed amendment.

Conduct of hearings

Starting proceedings

76

(1) Proceedings are started when a person files in duplicate—

(a) the relevant form; and

(b) his statement of grounds.

(2) Any person may give notice of opposition—

(a) in the case of section 75(2), before the end of the period of two weeks beginning immediately after the date of the relevant notice; and

(b) in the case of any of the other provisions mentioned in Part 2 of Schedule 3, before the end of the period of four weeks beginning immediately after the date of the relevant notice.

(3) For the purposes of this rule and rule 77—

“relevant form” means—in relation to applications or requests under the provisions of the Medicinal Products Regulation or the Plant Protection Products Regulation mentioned in Part 1 of Schedule 3, Patents Form SP3;in relation to applications, references or requests under any other provision mentioned in Part 1 of that Schedule, Patents Form 2; andin relation to oppositions under the provisions mentioned in Part 2 of that Schedule, Patents Form 15; and

“relevant notice” means the advertisement in the journal mentioned in rule 75.

(4) A statement of grounds must—

(a) include a concise statement of the facts and grounds on which the claimant relies;

(b) in the case of rule 89(5), include the grounds of objection to the draft licence;

(d) specify the remedy which he seeks;

(e) where it accompanies an application under the Compulsory Licensing Regulation , include any information required by that Regulation;

(f) be verified by a statement of truth; and

(g) comply with the requirements of Part 1 of Schedule 2.

Notification of the parties

77

(1) The comptroller must notify the applicant for, or proprietor of, the patent which is the subject matter of the case that proceedings have started.

(2) In addition, the comptroller may notify any persons who appear to him to be likely to have an interest in the case that proceedings have started.

(3) But where a person mentioned in paragraph (1) or (2)—

(a) is the claimant; or

(b) has indicated in writing to the comptroller that he supports the claimant's case,

the comptroller has no duty to notify him.

(4) The comptroller must send the relevant form and the statement of grounds with the notification under paragraph (1) or (2).

(5) In that notification, the comptroller must specify a period within which the persons notified may file a counter-statement.

(6) Any counter-statement must be filed in duplicate before the end of the period specified under paragraph (5).

(7) But paragraphs (5) and (6) do not apply to an opposition under any of the provisions mentioned in Part 3 of Schedule 3.

(8) In such oppositions, any counter-statement must be filed in duplicate before the end of the period of four weeks beginning immediately after the date of the relevant notice.

(9) Where—

(a) a person was notified under paragraph (1) or (2); and

(b) that person fails to file a counter-statement under paragraph (6) or (8),

the comptroller shall treat him as supporting the claimant's case.

(10) The period prescribed for the purposes of giving notice to the comptroller under section 47(6) of opposition to cancellation of an entry made under section 46 that licences are available as of right is the period prescribed by paragraph (8).

The counter-statement

78

(1) Any counter-statement filed by the defendant must—

(a) state which of the allegations in the statement of grounds he denies;

(b) state which of the allegations he is unable to admit or deny, but which he requires the claimant to prove;

(d) be verified by a statement of truth; and

(e) comply with the requirements of Part 1 of Schedule 2.

(2) Where the defendant denies an allegation—

(a) he must state his reasons for doing so; and

(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

(3) A defendant who fails to deal with an allegation in a counter-statement shall be taken to admit that allegation.

(4) But a defendant who—

(a) fails to deal with an allegation; but

(b) has set out in his counter-statement the nature of his case in relation to the issue to which the allegation is relevant,

shall be taken to require the allegation to be proved.

Copies of documents

79

(1) Where a relevant statement refers to any other document, a copy of that document must accompany the relevant statement.

(2) Where more than one copy of a relevant statement is filed, each copy of the statement must be accompanied by a copy of any document referred to in the statement.

(3) But paragraphs (1) and (2) do not apply where—

(a) the relevant statement is sent to the comptroller; and

(b) the document referred to in the relevant statement was published by the comptroller or is kept at the Patent Office.

(4) In this rule “relevant statement” means a witness statement, statement of case, affidavit or statutory declaration.

Evidence rounds and the hearing

80

(1) When the defendant files a counter-statement, the comptroller must as soon as practicable—

(a) send the counter-statement to the claimant; ...

(aa) specify the period within which the claimant must file Patents Form 4; and

(b) specify the periods within which evidence may be filed by the claimant and the defendant.

(1A) If the claimant wishes to continue the proceedings following receipt of the counter-statement, the claimant must file Patents Form 4.

(2) The comptroller may, at any time he thinks fit, give leave to either party to file evidence upon such terms as he thinks fit.

(3) Under this rule, evidence shall only be considered to be filed when—

(a) it has been received by the comptroller; and

(b) it has been sent to all the other parties to the proceedings.

(4) The comptroller must then give the parties an opportunity to be heard.

(5) If any party requests to be heard, the comptroller must send to the parties notice of a date for the hearing.

(6) When the comptroller has decided the matter he must notify all the parties of his decision, including his reasons for making the decision.

Alteration of time limits

81

(1) The comptroller may extend or shorten (or further extend or shorten) any period of time which has been specified under any provision of this Part.

(2) An extension may be granted under paragraph (1) notwithstanding the period of time specified has expired.

General powers of the comptroller in relation to proceedings before him

82

(1) Except where the Act or these Rules otherwise provide, the comptroller may give such directions as to the management of the proceedings as he thinks fit, and in particular he may—

(a) require a document, information or evidence to be filed;

(b) require a translation of a specification of a patent or application or any other document which is not in English;

(d) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

(e) allow a statement of case to be amended;

(f) stay the whole, or any part, of the proceedings either generally or until a specified date or event;

(g) consolidate proceedings;

(h) direct that part of any proceedings be dealt with as separate proceedings; and

(i) direct that the parties attend a case management conference or pre-hearing review.

(2) The comptroller may control the evidence by giving directions as to—

(a) the issues on which he requires evidence;

(b) the nature of the evidence which he requires to decide those issues; and

and the comptroller may use his power under this paragraph to exclude evidence which would otherwise be admissible.

(3) When the comptroller gives directions under any provision of this Part, he may—

(a) make them subject to conditions; and

(b) specify the consequence of failure to comply with the directions or a condition.

Striking out a statement of case and summary judgment

83

(1) A party may apply to the comptroller for him to strike out a statement of case or to give summary judgment.

(2) If it appears to the comptroller that—

(a) the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) the statement of case is an abuse of process or is otherwise likely to obstruct the just disposal of the proceedings; or

he may strike out the statement of case.

(3) The comptroller may give summary judgment against a claimant or defendant on the whole of a case or on a particular issue if—

(a) he considers that—

(i) that claimant has no real prospect of succeeding on the case or issue, or

(ii) that defendant has no real prospect of successfully defending the case or issue; and

(b) there is no other compelling reason why the case or issue should be disposed of at a hearing.

Hearings in public

84

(1) Subject to paragraphs (3) and (4), any hearing before the comptroller in proceedings relating to an application for a patent, or a patent, shall be held in public.

(2) Any party to the proceedings may apply to the comptroller for a hearing to be held in private.

(3) The comptroller may grant an application under paragraph (2) where—

(a) he considers there is good reason for the hearing to be held in private; and

(b) all the parties to the proceedings have had an opportunity to be heard on the matter,

and where the application is granted the hearing must be held in private.

(4) Any hearing—

(a) of an application under paragraph (2); or

(b) relating to an application for a patent which has not been published,

shall be held in private.

(5) For the purposes of this rule a reference to a hearing includes any part of a hearing.

Miscellaneous

Security for costs or expenses

85

(1) The conditions prescribed for the purposes of making an order for security for costs under section 107(4) are that the party against whom the order is made—

(a) is resident outside the United Kingdom ...;

(b) is a company or other body (whether incorporated inside or outside the United Kingdom) and there is reason to believe that it will be unable to pay another party's costs if ordered to do so;

(d) has furnished an incorrect address for service; or

(e) has taken steps in relation to his assets that would make it difficult to enforce an order for costs against him.

(2) In relation to proceedings in Scotland, references in this rule to costs are references to expenses.

Powers of comptroller to compel attendance of witnesses and production of documents

86

The comptroller shall have the powers of a judge of the High Court (in Scotland, the Court of Session) as regards—

(a) the attendance of witnesses; and

(b) the discovery and production of documents,

but he shall have no power to punish summarily for contempt.

Evidence in proceedings before the comptroller

87

(1) Subject to paragraphs (2) to (5), evidence filed under this Part may be given—

(a) by witness statement, statement of case, affidavit, statutory declaration; or

(b) in any other form which would be admissible as evidence in proceedings before the court.

(2) A witness statement or a statement of case may only be given in evidence if it includes a statement of truth.

(3) Evidence is to be by witness statement unless the comptroller directs or any enactment requires otherwise.

(4) A witness statement, affidavit or statutory declaration must comply with the requirements of Part 1 of Schedule 2, unless the comptroller otherwise directs.

(5) For the purposes of this Part a statement of truth must be dated and signed by—

(a) in the case of a witness statement, the person making the statement; and

(b) in any other case, the party or his legal representative.

Proceedings in Scotland

88

(1) Where there is more than one party to proceedings, a party to the proceedings may apply to the comptroller to hold proceedings in Scotland.

(2) An application made under paragraph (1) must be granted—

(a) where all the parties consent to the proceedings being held in Scotland; or

(b) where the comptroller considers it appropriate.

(3) A refusal of an application made under paragraph (1) is excepted from the right of appeal conferred by section 97.

Proceedings started under section 46(3) by a person other than the proprietor

89

(1) An application by a person other than the proprietor to the comptroller under section 46(3)(a) or (b) must be—

(a) made on Patents Form 2; and

(b) accompanied by two copies of the draft of the licence he proposes should be granted.

(2) The comptroller must notify the proprietor of the patent that an application has been made.

(3) The comptroller must send a copy of the draft licence with the notification.

(4) In the notification, the comptroller must specify a period within which the proprietor may file a statement of grounds.

(5) The proprietor must file a statement of grounds in accordance with rule 76(4); otherwise he shall be treated as supporting the applicant's case.

(6) Proceedings shall continue under this Part as if they had been started under rule 76(1) and for those purposes the proprietor shall be “the claimant” and the applicant shall be “the defendant”.

Licences following entitlement proceedings

90

(1) The period prescribed for the purposes of section 11(3) and (3A) shall be two months beginning immediately after—

(a) where section 11 is applied by section 12(5), the date on which the order under section 12(1) was made; and

(b) in any other case, the date on which the order under section 8 was made.

(2) The period prescribed for the purposes of section 38(3) shall be two months beginning immediately after the date on which the order mentioned in section 38(2) was made.

Period prescribed for applications by employee for compensation

91

(1) The period prescribed for the purposes of section 40(1) and (2) shall be the period beginning with the date of grant of the patent and ending one year after the patent ceased to have effect.

(2) But if an application for restoration is made under section 28 and—

(a) the application is granted, the period prescribed under paragraph (1) shall continue as if the patent had remained continuously in effect; or

(b) the application is refused, the period prescribed for the purposes of section 40(1) and (2) shall be—

(i) the period prescribed under paragraph (1), or

(ii) if it expires later, the period of six months beginning immediately after the date on which the application was refused.

PART 8 — OPINIONS

Interpretation

92

In this Part—

“request” means, unless the context otherwise requires, a request for an opinion under section 74A ;

“requester” means the person who makes that request;

“patent in suit” means the patent to which that request relates;

“patent holder” means the proprietor of that patent and any exclusive licensee of the patent; and

“relevant proceedings” means proceedings (whether pending or concluded) before the comptroller, the court or the European Patent Office.

Request for opinion

Request for an opinion under section 74A

93

(1) A request must be made on Patents Form 17 and must be accompanied by a copy and a statement setting out fully—

(a) the question upon which an opinion is sought;

(b) the requester's submissions on that question; and

(2) The statement must be accompanied by—

(a) the name and address of any persons, of whom the requester is aware, having an interest in that question; and

(b) particulars of any relevant proceedings of which the requester is aware which relate to the patent in suit and which may be relevant to that question.

(3) However, where the requester is acting as an agent in making the request, the persons referred to in paragraph (2)(a) do not include the person for whom the requester is so acting.

(4) The statement shall be accompanied by a copy of any evidence or other document (except a document which has been published by the comptroller or is kept at the Patent Office) which is referred to in the statement.

(5) Each such statement, evidence or other document must be provided in duplicate.

(6) The prescribed matters for the purposes of section 74A(1) are as follows—

(a) whether a particular act constitutes, or (if done) would constitute, an infringement of the patent;

(b) whether, or to what extent, an invention for which the patent has been granted is not a patentable invention;

(c) whether the specification of the patent discloses the invention clearly enough and completely enough for it to be performed by a person skilled in the art;

(d) whether the matter disclosed in the specification of the patent extends beyond that disclosed in the application for the patent as filed or, if the patent was granted on a new application, in the earlier application as filed;

(e) whether the protection conferred by the patent has been extended by an amendment which should not have been allowed;

(f) whether a supplementary protection certificate is invalid under Article 15 of the Medicinal Products Regulation; and

(g) whether a supplementary protection certificate is invalid under Article 15 of the Plant Protection Products Regulation.

Refusal or withdrawal of request

94

(1) The comptroller shall not issue an opinion if—

(a) the request appears to him to be frivolous or vexatious; or

(b) the question upon which the opinion is sought appears to him to have been sufficiently considered in any relevant proceedings.

(2) The comptroller shall not issue an opinion if the requester gives him notice in writing that the request is withdrawn.

(3) If the comptroller intends at any time—

(a) to refuse the request because the condition in paragraph (1)(a) or (b) is satisfied; or

(b) to refuse the request because, in accordance with section 74A(3)(b), he considers it inappropriate in all the circumstances to issue an opinion,

he shall notify the requester accordingly.

Notification and advertisement of request

95

(1) The comptroller must notify each of the following persons of the request (except where the person concerned is the requester)—

(a) the patent holder;

(b) any holder of a licence or sub-licence under the patent in suit which has been registered under rule 47;

(c) any person who has made a request in respect of the patent in suit under rule 54 regarding an opinion being requested under rule 93;

(d) any person who is specified under rule 93(2)(a).

(2) In addition, the comptroller may notify of the request any persons who appear to him to be likely to have an interest in the question upon which the opinion is sought.

(3) The comptroller must send a copy of the form and statement filed under rule 93(1) to each person so notified, together with a copy of such other documents filed under rule 93 as he thinks fit.

(4) The comptroller must advertise a request in such manner as he thinks fit.

(5) However, if the request is refused or withdrawn before a notification has been made under paragraph (1)—

(a) the patent holder alone must be notified of the request (and of the fact that it has been refused or withdrawn); and

(b) paragraphs (3) and (4) do not apply.

Submission of observations and observations in reply

96

(1) If the request has not been refused or withdrawn, any person may, before the end of the relevant period, file observations on any issue raised by the request.

(2) Such observations may include reasons why the comptroller should refuse the request.

(3) Any person who files observations under paragraph (1) must ensure that, before the end of the relevant period, a copy of those observations is received—

(a) where that person is not the patent holder, by the patent holder; and

(b) by the requester.

(4) A person to whom observations are sent under paragraph (3) may, during the period of two weeks beginning immediately after the end of the relevant period, file observations confined strictly to matters in reply.

(5) Any person who files observations under paragraph (4) must ensure that, within that period of two weeks, a copy of those observations is received—

(a) where that person is the requester, by the patent holder; and

(b) where that person is the patent holder, by the requester.

(6) If it is reasonably possible, the observations filed under this rule and the copies of such observations shall be delivered only in electronic form or using electronic communications.

(7) For the purposes of this rule, the relevant period is four weeks beginning immediately after the date of advertisement under rule 95(4).

Issue of the opinion

97

(1) After the end of the procedure under rule 96, the comptroller must refer the request to an examiner for the preparation of the opinion.

(2) The comptroller must issue the opinion that has been prepared by sending a copy to—

(a) the requester;

(b) the patent holder; and

Review of opinion

98

(1) The patent holder may, before the end of the period of three months beginning immediately after the date on which the opinion is issued, apply to the comptroller for a review of the opinion.

(2) However, such proceedings for a review may not be brought (or if brought may not be continued) if the issue raised by the review has been decided in other relevant proceedings.

(3) The application must be made on Patents Form 2 and be accompanied by a copy and a statement in duplicate setting out the grounds on which the review is sought.

(4) The statement must contain particulars of any relevant proceedings of which the applicant is aware which may be relevant to the question whether the proceedings for a review may be brought or continued.

(5) The application may be made on the following grounds only—

(a) that the opinion wrongly concluded that the patent in suit was invalid, or was invalid to a limited extent; or

(b) that, by reason of its interpretation of the specification of the patent in suit, the opinion wrongly concluded that a particular act did not or would not constitute an infringement of the patent.

Procedure on review

99

(1) On receipt of the application, the comptroller must send a copy of the form and statement filed under rule 98 to—

(a) the requester (if different from the applicant); and

(b) any person who filed observations under rule 96.

(2) The comptroller must advertise the application in such manner as he thinks fit.

(3) Before the end of the relevant period, any person may file a statement in support of the application or a counter-statement contesting it (which in either case must be in duplicate), and on so doing shall become a party to the proceedings for a review.

(4) For the purposes of paragraph (3) the relevant period is—

(a) four weeks beginning immediately after the date on which the application is advertised under paragraph (2); or

(b) if it expires later, the period of two months beginning immediately after the date on which the opinion is issued under rule 97(2).

(5) The comptroller shall send to the other parties a copy of each statement or counter-statement filed under paragraph (3).

(6) The rules listed in Parts 4 and 5 of Schedule 3 shall apply to the proceedings for a review and for the purposes of rule 83(3)—

(a) a reference to “the claimant” is a reference to the applicant for a review; and

(b) a reference to “the defendant” is a reference to any other party.

Outcome of review

100

(1) On completion of the proceedings under rule 99 the comptroller shall either—

(a) set aside the opinion in whole or in part; or

(b) decide that no reason has been shown for the opinion to be set aside.

(2) A decision under paragraph (1)(a) or (b) shall not estop any party to any proceedings from raising any issue regarding the validity or the infringement of the patent.

(3) No appeal under section 97 shall lie from a decision to set aside the opinion under paragraph (1)(a), except where the appeal relates to a part of the opinion that is not set aside.

PART 9 — MISCELLANEOUS

Agents and advisers

Agents

101

(1) Any act required or authorised by the Act or these Rules to be done by or to any person in connection with an application for a patent, or any procedure relating to a patent, may be done by or to an agent authorised by that person orally or in writing—

(a) where an agent is appointed when a person starts or joins any proceeding under the Act, once the comptroller has been notified of his appointment in writing; or

(b) where an agent is appointed after a person has started or joined any proceeding under the Act, once Patents Form 51 has been filed ....

(2) Where an agent has been authorised under paragraph (1), the comptroller may, in any particular case, require the signature or presence of his principal.

Appointing advisers

102

The comptroller may appoint an adviser to assist him in any proceeding before him and shall settle any question or instructions to be given to the adviser.

Address for service

103

(1) For the purposes of any proceeding under the Act or these Rules, an address for service must be furnished by—

(a) an applicant for the grant of a patent;

(b) a person who makes any other application, reference or request or gives any notice of opposition under the Act; and

(2) The proprietor of a patent, or any person who has registered any right in or under a patent or application, may furnish an address for service by notifying the comptroller.

(3) Where a person has furnished an address for service under paragraph (1) or (2), he may substitute a new address for service by notifying the comptroller.

(4) An address for service furnished under this Rule shall be an address in the United Kingdom, Gibraltar or the Channel Islands.

Failure to furnish an address for service

104

(1) Where—

(a) a person has failed to furnish an address for service under rule 103(1); and

(b) the comptroller has sufficient information enabling him to contact that person,

the comptroller shall direct that person to furnish an address for service.

(2) Where a direction has been given under paragraph (1), the person directed shall, before the end of the period of two months beginning immediately after the date of the direction, furnish an address for service.

(3) Paragraph (4) applies where—

(a) a direction was given under paragraph (1) and the period prescribed by paragraph (2) has expired; or

(b) the comptroller had insufficient information to give a direction under paragraph (1),

and the person has failed to furnish an address for service.

(4) Where this paragraph applies—

(a) in the case of an applicant for the grant of a patent, the application shall be treated as withdrawn;

(b) in the case of a person mentioned in rule 103(1)(b), his application, reference, request or notice of opposition shall be treated as withdrawn; and

(5) In this rule an “address for service” means an address which complies with the requirements of rule 103(4) ....

Corrections and remission of fees

Correction of errors

105

(1) A request to the comptroller to correct an error or mistake under section 117 must be made in writing and identify the proposed correction.

(2) The comptroller may, if he thinks fit, require the person requesting a correction to produce a copy of the document indicating the correction.

(3) Where the request is to correct a specification of a patent or application, the request shall not be granted unless the correction is obvious (meaning that it is immediately evident that nothing else could have been intended in the original specification).

(4) But paragraph (3) does not apply where the error in the specification of the patent or application is connected to the delivery of the application in electronic form or using electronic communications.

(5) Where the comptroller determines that no person could reasonably object to the correction no advertisement shall be published under rule 75.

(6) Where the comptroller is required to publish a notice under section 117(3), it must be published in the journal.

(7) This rule does not apply to a correction of a name, address or address for service (which may be corrected under rule 49).

Remission of fees

106

(1) A person may apply to the comptroller for the remission of a fee.

(2) The comptroller may remit the whole or part of a search fee where—

(a) in relation to an international application for a patent (UK), a copy of the International Search Report (as defined in rule 64) for that application is available to the comptroller; or

(b) a new application for a patent is filed as mentioned in section 15(9) and, in connection with the earlier application, the applicant has already paid the search fee for the invention described in the new application.

(3) The comptroller may remit the whole or part of any fee where—

(a) a person has requested the comptroller or an examiner to do something in accordance with the Act or these Rules; and

(b) the request is withdrawn before it is carried out.

(4) The comptroller may remit the whole or part of the fee payable in respect of a request for an opinion under section 74A where he has refused the request.

(5) Where a supplementary protection certificate lapses or is declared invalid, the comptroller must remit any fee which has been paid in respect of the relevant period.

(6) In paragraph (5) “the relevant period” is the period—

(a) beginning with the next anniversary of the start date following the date the certificate lapsed or was declared invalid; and

(b) ending with the date the certificate would have expired but for its lapse or invalidity.

(7) Any decision of the comptroller under this rule is excepted from the right of appeal conferred by section 97.

Correction of irregularities

107

(1) Subject to paragraph (3), the comptroller may, if he thinks fit, authorise the rectification of any irregularity of procedure connected with any proceeding or other matter before the comptroller, an examiner or the Patent Office.

(2) Any rectification made under paragraph (1) shall be made—

(a) after giving the parties such notice; and

(b) subject to such conditions,

as the comptroller may direct.

(3) A period of time specified in the Act or listed in Parts 1 to 3 of Schedule 4 (whether it has already expired or not) may be extended under paragraph (1) if, and only if—

(a) the irregularity or prospective irregularity is attributable, wholly or in part, to a default, omission or other error by the comptroller, an examiner or the Patent Office; and

(b) it appears to the comptroller that the irregularity should be rectified.

Time limits and delays

Extension of time limits

108

(1) The comptroller may, if he thinks fit, extend or further extend any period of time prescribed by these Rules except a period prescribed by the provisions listed in Parts 1 and 2 of Schedule 4.

(2) The comptroller shall extend, by a period of two months, any period of time prescribed by the provisions listed in Part 2 of Schedule 4 where—

(a) a request is filed on Patents Form 52;

(b) no previous request has been made under this paragraph; and

(c) that request is filed before the end of the period of two months beginning immediately after the date on which the relevant period of time expired.

(3) The comptroller may, if he thinks fit, extend or further extend any period of time prescribed by the rules listed in Part 2 of Schedule 4 where—

(a) a request is filed on Patents Form 52; and

(b) the person making the request has furnished evidence supporting the grounds of the request, except where the comptroller otherwise directs.

(4) Each request under paragraph (2) or (3) for a period of time to be extended must be made on a separate form unless—

(a) each of those requests relate to the same patent or application for a patent; and

(b) the grant of each of those requests would result in the expiry of all the extended periods of time on the same date,

in which case those requests may be combined and made on a single form.

(5) Any extension made under paragraph (1) or (3) shall be made—

(a) after giving the parties such notice; and

(b) subject to such conditions,

as the comptroller may direct, except that a period of time prescribed by the rules listed in Part 3 of Schedule 4 may be extended (or further extended) for a period of two months only.

(6) An extension may be granted under paragraph (1) or (3) notwithstanding the period of time prescribed by the relevant rule has expired.

(7) But no extension may be granted in relation to the periods of time prescribed by the rules listed in Part 3 of Schedule 4 after the end of the period of two months beginning immediately after the period of time as prescribed (or previously extended) has expired.

Extension of time limits specified by comptroller

109

(1) A request under section 117B(2) must be—

(a) made in writing; and

(b) made before the end of the period prescribed by paragraph (2).

(2) The period prescribed for the purposes of section 117B(3) is two months beginning immediately after the expiry of the period to which section 117B(2) applies.

Interrupted days

110

(1) The comptroller may certify any day as an interrupted day where—

(a) there is an event or circumstance causing an interruption in the normal operation of the Patent Office; or

(b) there is a general interruption or subsequent dislocation in the postal services of the United Kingdom.

(2) Any certificate of the comptroller given under paragraph (1) shall be displayed in the Patent Office and advertised in the journal.

(3) The comptroller shall, where the time for doing anything under the Act expires on an interrupted day, extend that time to the next following day not being an interrupted day (or an excluded day).

(4) In this rule—

“excluded day” means a day specified as an excluded day in directions given under section 120; and

“interrupted day” means a day which has been certified as such under paragraph (1).

Delays in communication services

111

(1) The comptroller shall extend any period of time specified in the Act or these Rules where he is satisfied that the failure to do something under the Act or these Rules was wholly or mainly attributable to a delay in, or failure of, a communication service.

(2) Any extension under paragraph (1) shall be made—

(a) after giving the parties such notice; and

(b) subject to such conditions,

as the comptroller may direct.

(3) In this rule “communication service” means a service by which documents may be sent and delivered and includes post, electronic communications, and courier.

Copies available to the comptroller

112

(1) This rule applies where an applicant is not required to file a copy of an application at the Patent Office because that application or a copy of that application is available to the comptroller.

(2) Where this rule applies the comptroller shall make a copy (or further copy) of that application and certify it accordingly.

Translations

113

(1) Where any document filed at the Patent Office, or sent to the comptroller, is in a language other than English or Welsh it must be accompanied by a translation into English of that document.

(2) But paragraph (1) does not apply to the following documents—

(a) where the documents filed to initiate an application for a patent include something which is or appears to be a description of the invention, the document containing that thing;

(b) a priority application;

(d) a copy of a specification of a European patent (UK) filed in connection with an application by the proprietor to amend the specification;

(e) a copy of an application for a European patent (UK) provided under section 81(2)(b)(ii);

(f) an international application for a patent (UK), where a translation of the application or an amendment to it is a necessary translation;

(g) a document referred to in paragraph (5).

(3) Where more than one copy of the document mentioned in paragraph (1) is filed or sent, a corresponding number of translations shall accompany it.

(4) Where a document to which paragraph (1) applies is not accompanied by a translation, the comptroller may, if he thinks fit, take no further action in relation to that document.

(5) In relation to an international application for a patent (UK), where any document which is in a language other than English or Welsh is—

(a) referred to in an International Search Report or International Preliminary Report on Patentability; or

(b) cited in an International Preliminary Examination Report,

and the relevant report is filed at the Patent Office, the comptroller may direct that a translation into English of that document be filed.

(6) Where a direction is given under paragraph (5) a translation of that document must be filed before the end of the period of two months beginning immediately after the date on which the direction is given; otherwise the comptroller may, if he thinks fit, take no further action in relation to the application.

(7) Subject to rule 82(1)(b), where a patent application or any document related to such application is filed at the Patent Office or sent to the comptroller in Welsh, and is not accompanied by a translation into English, the comptroller must obtain such a translation.

(8) In this rule a reference to a document includes a reference to a part of a document; and in paragraph (5) “International Preliminary Examination Report”, “International Preliminary Report on Patentability” and “International Search Report” and have the same meaning as in rule 64.

Translations in proceedings in relation to a European patent (UK)

114

(1) Where—

(a) proceedings are started before the comptroller in relation to a European patent (UK); and

(b) the specification of that patent was published in French or German,

the person who starts those proceedings shall file at the Patent Office a translation into English of the specification.

(2) But paragraph (1) shall not apply where—

(a) a translation into English of the specification has been filed under section 77(6); or

(b) the comptroller directs that a translation is unnecessary.

(3) Where, in the course of such proceedings, leave is given to amend the specification of the patent, the proprietor shall file at the Patent Office a translation of the amendment into the language in which the specification of the patent was published.

(4) This rule applies to making a request for an opinion under section 74A as it applies to proceedings started before the comptroller.

Establishing the accuracy of translations

115

If the comptroller has reasonable doubts about the accuracy of any translation of a document that has been filed at the Patent Office by any person in accordance with the Act or these Rules—

(a) he shall notify that person of the reasons for his doubts; and

(b) he may require that person to furnish evidence to establish that the translation is accurate,

and where that person fails to furnish evidence the comptroller may, if he thinks fit, take no further action in relation to that document.

Supplementary Protection Certificates

Supplementary protection certificates

116

(1) An application for—

(a) a supplementary protection certificate shall be made on Patents Form SP1; and

(b) an extension of the duration of a supplementary protection certificate under Article 8 of the Medicinal Products Regulation shall be made on Patents Form SP4.

(2) The period prescribed for the purposes of paragraph 5(a) of Schedule 4A to the Act is—

(a) three months ending with the start date; or

(b) where the certificate is granted after the beginning of that period, three months beginning immediately after the date the supplementary protection certificate is granted.

(3) The comptroller must send a notice to the applicant for the certificate—

(a) before the beginning of the period of two months immediately preceding the start date; or

(b) where the certificate is granted as mentioned in paragraph (2)(b), on the date the certificate is granted.

(4) The notice must notify the applicant for the certificate of—

(a) the fact that payment is required for the certificate to take effect;

(b) the prescribed fee due;

(d) the start date.

(5) The prescribed fee must be accompanied by Patents Form SP2; and once the certificate has taken effect no further fee may be paid to extend the term of the certificate unless an application for an extension of the duration of the certificate is made under the Medicinal Products Regulation.

(6) Where the prescribed fee is not paid before the end of the period prescribed for the purposes of paragraph 5(a) of Schedule 4A to the Act, the comptroller shall, before the end of the period of six weeks beginning immediately after the end of that prescribed period, and if the fee remains unpaid, send a notice to the applicant for the certificate.

(7) The notice shall remind the applicant for the certificate—

(a) that payment is overdue; and

(b) of the consequences of non-payment.

(8) The comptroller must send the notices under this rule to—

(a) the applicant's address for service; and

(b) the address to which a renewal notice would be sent to the proprietor of the basic patent under rule 39(3).

Publications

The journal

117

The comptroller must publish a journal containing—

(a) particulars of applications for and grants of patents and of other proceedings under the Act;

(b) any directions given under section 120(1) specifying hours of business or excluded days;

(d) any other information that the comptroller considers to be generally useful or important.

Reports of cases

118

The comptroller must make arrangements for the publication of—

(a) reports of cases relating to patents, trade marks, registered designs or design right decided by him; and

(b) reports of cases relating to patents (whether under the Act or otherwise), trade marks, registered designs, copyright and design right decided by any court or body (whether in the United Kingdom or elsewhere).

Publication and sale of documents

119

The comptroller may arrange for the publication and sale of copies of documents (in particular, specifications of patents and applications for patents) in the Patent Office.

Transitional provisions and revocations

120

(1) Schedule 5 (transitional provisions) shall have effect.

(2) The instruments set out in Schedule 6 (revocations) shall be revoked to the extent specified.

SCHEDULE 1 — BIOLOGICAL MATERIAL

Introductory

1

In this Schedule—

“authorisation certificate” means a certificate issued by the comptroller authorising a depositary institution to make available a sample of biological material;

“Budapest Treaty” means the Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure signed at Budapest on 28thApril 1977, as amended on 26th September 1980, and includes references to the regulations made under that Treaty;

“depositary institution” means an institution which—carries out the functions of receiving, accepting and storing biological material and the furnishing of samples of such biological material (whether generally or of a specific type); andconducts its affairs, in so far as they relate to the carrying out of those functions, in an objective and impartial manner;

“expert” means independent expert;

“first requirement” means the first requirement in paragraph 3;

“international depositary authority” means a depositary institution which has acquired the status of international depositary authority as provided in the Budapest Treaty; and

“second requirement” means the second requirement in paragraph 3.

Specification of an application for a patent, or of a patent, for an invention which involves the use of or concerns biological material

2

(1) This paragraph applies where the specification of an application for a patent, or of a patent, for an invention which involves the use of or concerns biological material does not disclose the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the art.

(2) Where this paragraph applies, the specification is to be treated as disclosing the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the art, if—

(a) the first requirement and the second requirement are satisfied; and

(b) the specification of the application as filed contains such relevant information as is available to the applicant on the characteristics of the biological material.

The first and second requirements

3

(1) The first requirement is that—

(a) on or before the date of filing of the application, the biological material has been deposited in a depositary institution; and

(b) that institution will be able to furnish subsequently a sample of the biological material.

(2) The second requirement is that before the end of the relevant period—

(a) the name of the depositary institution and the accession number of the deposit are included in the specification; and

(b) where the biological material was deposited by a person other than the applicant (“the depositor”)—

(i) a statement is filed which identifies the name and address of the depositor, and

(ii) a statement by the depositor has been filed, which authorises the applicant to refer to the biological material in his application and irrevocably authorises the making available to the public of the biological material in accordance with this Schedule.

(3) The relevant period is the first to expire of—

(a) the period of sixteen months—

(i) where there is no declared priority date, beginning immediately after the date of filing of the application; or

(ii) where there is a declared priority date, beginning immediately after that date;

(b) where the applicant has made a request under section 16(1) to publish the application during the period prescribed for the purposes of that section, the period ending with the date of the request; or

(c) where the applicant was notified under rule 52(2), the period of one month beginning immediately after the date of the notification.

(4) Where—

(a) the application is filed with the European Patent Office and documents have been filed under the provisions of the European Patent Convention corresponding to sub-paragraph (2); or

(b) the application in suit is an international application for a patent (UK) and documents have been filed in accordance with the Patent Co-operation Treaty under the provisions of the Treaty corresponding to sub-paragraph (2),

the second requirement shall be treated as having been met.

(5) In this paragraph—

“accession number” means the number given to the deposit by a depositary institution;

“specification” means the specification of an application for a patent.

A request by a person for biological material to be made available

4

(1) This paragraph applies when paragraph 7 does not apply.

(2) Where an application for a patent has been published, any person may request the comptroller to issue an authorisation certificate.

(3) Where the application has not been published, a person who has been notified in accordance with section 118(4) may request the comptroller to issue an authorisation certificate.

(4) A request must be made on Patents Form 8.

(5) Where the biological material has been deposited at an international depositary authority, the request must be accompanied by the relevant form required by the Budapest Treaty.

(6) Where the comptroller grants the request, he must send copies of the request and the certificate (and any form required by the Budapest Treaty) to—

(a) the applicant for, or the proprietor of, the patent;

(b) the depositary institution; and

The undertaking

5

(1) A request made under paragraph 4 or 7 shall include an undertaking by the person making the request—

(a) not to make the biological material, or any material derived from it, available to any other person; and

(b) not to use the biological material, or any material derived from it, except for experimental purposes relating to the subject matter of the invention,

subject to the following sub-paragraphs.

(2) The applicant for, or the proprietor of, a patent may agree to limit the effect of the undertaking in a particular case.

(3) The undertaking shall cease to have effect—

(a) when the application for a patent is terminated or withdrawn (but it will continue to have effect if the application is reinstated or resuscitated); or

(b) when the patent ceases to have effect.

(4) Where a request is made—

(a) by a government department or any person authorised in writing by a government department; and

(b) for the purposes of using the patented invention for the services of the Crown,

no undertaking is required and any undertaking by the government department or the person so authorised shall not have effect.

(5) Where—

(a) a licence under the patent to which the undertaking relates is available as of right; or

(b) a compulsory licence in respect of the patent to which the undertaking relates has been granted,

any undertaking made shall have no effect to the extent necessary to give effect to any such licence.

Restriction of availability of biological material to experts

6

(1) Where the first or the second condition is met (except in relation to Crown use), paragraph 7 applies until the end of the relevant period.

(2) The first condition is—

(a) the applicant requests on Patents Form 8A that a sample of the biological material should only be made available to an expert; and

(b) that request is made before the preparations for the application's publication have been completed by the Patent Office.

(3) The second condition is that, in relation to an international application for a patent (UK), the applicant made a reference to the deposited biological material in accordance with the Patent Co-operation Treaty.

(4) Where the first condition is met, the comptroller shall, when he publishes the application, include a notice that the provisions of paragraph 7 apply.

(5) In paragraph 6(1) “the relevant period” is—

(a) where the patent is granted, the period ending with the date on which the patent was granted; and

(b) where the application is terminated or withdrawn, twenty years beginning immediately after the date of filing.

(6) Nothing in this or the following paragraph affects the rights under section 55 of any government department or any person authorised in writing by a government department.

Request for a sample to be made available to expert

7

(1) A request for a sample to be made available to an expert must be made on Patents Form 8 and must include details of the expert.

(2) Where the biological material has been deposited at an international depositary authority, the request must be accompanied by any form required by the Budapest Treaty.

(3) The comptroller must send a copy of Patents Form 8 to the applicant for the patent.

(4) Before the end of the period of one month beginning immediately after the date on which a copy of Patents Form 8 is sent by the comptroller, the applicant may give notice of his objection to the particular expert, and where he objects the comptroller shall determine the matter.

(5) Where—

(a) the applicant does not object to the sample being made available; or

(b) following an objection, the comptroller decides that the sample should be made available to the particular expert,

the comptroller must issue a certificate authorising the release of a sample to the expert.

(6) A copy of Patents Form 8 (and any form required by the Budapest Treaty) and any certificate issued under sub-paragraph (5) must be sent to—

(a) the applicant for the patent;

(b) the depository institution where the sample of the biological material is stored;

(d) the person who made the request.

New deposits

8

(1) This paragraph applies where the first, second or third circumstance occurs.

(2) The first circumstance is that the biological material ceases to be available at the depositary institution because it is no longer viable.

(3) The second circumstance is that—

(a) the depositary institution is, for any other reason, unable to supply the biological material; or

(b) the place where the biological material is deposited is no longer a depositary institution for that type of material (whether temporarily or permanently).

(4) The third circumstance is that the biological material is transferred to a different depositary institution.

(5) The first requirement and the second requirement shall be treated as having been complied with throughout the relevant period, if and only if—

(a) where the first or second circumstance occurs—

(i) a new deposit of biological material is made at the relevant depositary before the end of the relevant period, and

(ii) that deposit is accompanied by a statement, signed by the person making the deposit, that the biological material deposited is the same as that originally deposited; and

(b) in all circumstances, the applicant or proprietor, before the end of the relevant period, applies to the comptroller to amend the specification of the application for the patent, or the patent, so that it meets the second requirement.

(6) For the purposes of paragraph (5) “the relevant period” is the period beginning when the first, second or third circumstance occurs and ending—

(a) three months after the date on which the depositor is notified by the depositary institution that the first, second or third circumstance occurred; or

(b) where it expires later, three months after the date on which that circumstance is advertised in the journal.

(7) The relevant depositary is—

(a) where only the first circumstance occurs, the depositary institution where the original deposit was made; or

(b) in any other case, any depositary institution.

SCHEDULE 2 — FORMAL AND OTHER REQUIREMENTS

PART 1 — REQUIREMENTS: ALL DOCUMENTS

1

A4 matt white paper must be used.

2

A document in paper form must be free from tears, folds or similar damage and its contents must be suitable for reproduction.

3

Frames (lines surrounding matter) must not be used.

PART 2 — REQUIREMENTS: DOCUMENTS (OTHER THAN DRAWINGS AND PHOTOGRAPHS)

4

The pages of the description and claims must be numbered consecutively in a single series.

5

But where a sequence listing is set out at the end of the application, it must be numbered consecutively in a separate series.

6

Page numbers must be located at the top or bottom of the page (but not in the margin) in the centre.

7

The minimum margins in any document must be 20mm.

8

Each of the following—

(a) the request for the grant of a patent;

(b) the description;

(d) the abstract,

must begin on a new sheet of paper.

9

The abstract, description and claims must use at least 1.5 line spacing, except where they form part of a translation or a sequence listing.

10

The capital letters in any typeface or font used must be more than 2mm high.

PART 3 — REQUIREMENTS: DRAWINGS AND PHOTOGRAPHS

11

There must be a margin around any drawing or photograph which must be at least—

(a) at the top and left side, 20mm;

(b) at the right side, 15mm; and

12

All drawings or photographs must be numbered consecutively in a single series.

13

The drawings or photographs must begin on a new sheet of paper.

14

The pages containing the drawings or photographs must be numbered consecutively in a single series.

15

Drawings must comprise black lines and may be shaded where the shading assists in representing the shape of a thing provided that it does not obscure other elements of the drawing.

16

Drawings may include cross-hatching to illustrate the cross-sections of a thing.

17

Any scale or other reference for making measurement must be represented diagrammatically.

18

Any drawing or photograph must be produced in such manner that it would still be clear if it were reduced by linear reduction to two thirds of its original size.

19

A drawing or photograph must not be included in the description, the claims, the abstract or the request for the grant of a patent.

20

The capital letters in any typeface or font used in any drawing or photograph must be more than 3mm high.

PART 4 — OTHER REQUIREMENTS

21

References must only be included in the drawing or photograph where they are mentioned in either the description or the claims.

22

Tables of information may only be included in the claims if the comptroller agrees.

23

The terminology and any references used must be consistent throughout the application for a patent.

24

Where units of measurement used in the application are not standard international units of measurement, the equivalent standard international units of measurement must be provided, and where no international standard exists, units must be used which are generally accepted in the field.

25

Only technical terms, signs and symbols which are generally accepted in the field may be used.

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