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
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Words in Sch. 5 para. 7(6) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)

Failure to file Patents Form 4

81A

If the claimant fails to file Patents Form 4 within the period specified by the comptroller the claimant shall be deemed to have filed a request to withdraw from the proceedings.

General powers of the comptroller in relation to proceedings before him

Striking out a statement of case and summary judgment

Hearings in public

Payment of fees under section 77(5A) following restoration of a European patent (UK)

41A

The prescribed period for the purposes of section 77(5A) is two months.

Correction or change of name or address; correction of address for service

Amendment of international application before grant

66A
  • (1) This rule applies to an international application for a patent (UK) which has begun the national phase of the application.
  • (2) The period within which an applicant may amend his application under section 19(1) is as follows.
  • (3) Where during the international phase of the application, the International Searching Authority has sent to the applicant the International Search Report relating to the invention, the period within which the applicant may amend his application is the period beginning with the date on which the national phase of the application begins and ending with the date on which the comptroller sends the applicant the first substantive examination report.
  • (4) Where during the international phase of the application, the International Searching Authority has not sent to the applicant the International Search Report relating to the invention, the period during which the applicant may amend his application is the first to commence of—
  • (a) the period prescribed by rule 31(3); and
  • (b) the period beginning with the date on which the International Searching Authority sends the International Search Report to the applicant and ending with the date on which the comptroller sends the applicant the first substantive examination report.

International exhibitions

Altered prescribed periods

20A

Photographs must be black and white, clear and capable of direct reproduction.

Fee for the grant of a patent under section 18(4)

30A
  • (1) Where at the date of notification by the comptroller to the applicant in accordance with section 18(4)—
  • (a) the number of claims contained in the application—
  • (i) exceeds twenty-five; and
  • (ii) is greater than the number of claims contained in the application as at the date when the applicant made a request for a search under section 17(1)(c); or
  • (b) the number of pages of the description contained in the application—
  • (i) exceeds thirty-five; and
  • (ii) is greater than the number of pages of the description contained in the application as at the date when the applicant made a request for a substantive examination under section 18(1);

the applicant must pay a fee for the grant of the patent under section 18(4).

  • (2) The fee for the grant must be accompanied by Patents Form 34 and the period prescribed for the purposes of section 18(4) is two months beginning immediately after the date of the notification referred to in paragraph (1).

Amendment of application before grant

Reinstatement of applications under section 20A

Observations by third parties on patentability

Notifications relating to supplementary protection certificates

116A
  • (1) Notifications under Article 5(2)(b) and (c) of the Medicinal Products Regulation must be made on Patents Form SP5.
  • (2) Notifications under Article 13A of Regulation (EC) 1610/96 and Article 13A of Regulation (EC) 469/2009 must be made on Patents Form SP6.

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