The Patents Rules 2007
Words in rule 76(2)(b) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in rule 77(8) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in rule 90(1) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in rule 90(2) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in rule 91(2)(b)(ii) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in rule 96(7) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in rule 98(1) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in rule 99(4)(a) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in rule 99(4)(b) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in rule 104(2) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in rule 108(2)(c) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in rule 113(6) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in rule 116(2)(b) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in Sch. 1 para. 3(3)(a)(i) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in Sch. 1 para. 3(3)(a)(ii) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in Sch. 1 para. 3(3)(c) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in Sch. 1 para. 6(5)(b) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
Words in Sch. 1 para. 7(4) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
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)
Rule 41A inserted (1.10.2014) by The Patents (Amendment) (No. 2) Rules 2014 (S.I. 2014/2401), rules 1, 7
Sch. 4 Pt. 1 entry inserted (1.10.2014) by The Patents (Amendment) (No. 2) Rules 2014 (S.I. 2014/2401), rules 1, 8
Words in rule 36(1) inserted (1.10.2014) by The Patents (Amendment) (No. 2) Rules 2014 (S.I. 2014/2401), rules 1, 4
Words in rule 36(2) substituted (1.10.2014) by The Patents (Amendment) (No. 2) Rules 2014 (S.I. 2014/2401), rules 1, 5
Rule 39(2) substituted (1.10.2014) by The Patents (Amendment) (No. 2) Rules 2014 (S.I. 2014/2401), rules 1, 6
Words in rule 44(5)(a) omitted (1.10.2014) by virtue of The Patents (Amendment) (No. 2) Rules 2014 (S.I. 2014/2401), rules 1, 9
Rule 93(6) inserted (1.10.2014) by The Patents (Amendment) (No. 2) Rules 2014 (S.I. 2014/2401), rules 1, 10
Rule 12(6A) inserted (6.4.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 3(b) (with rule 17(1))
Rule 66A inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 12
Sch. 2 para. 20A inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 15(3)(d)
Words in Sch. 2 Pt. 2 heading inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 15(2)
Words in Sch. 2 Pt. 3 heading inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 15(2)
Words in Sch. 4 Pt. 1 omitted (1.10.2016) by virtue of The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 16(a)
Words in Sch. 4 Pt. 2 inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 16(b)
Words in Sch. 4 Pt. 3 inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 16(b)
Words in rule 12(4)(c) inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 3(a)
Words in rule 12(7) inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 3(c)
Words in rule 14(1) inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 4(a)
Words in rule 14(2) inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 4(a)
Words in rule 14(4) inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 4(a)
Words in rule 14(3) inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 4(b)
Words in rule 15(4) inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 5
Words in rule 15(5) inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 5
Words in rule 15(6) inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 5
Rule 19 substituted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 6
Words in rule 31(3) inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 7
Rule 32(2) substituted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 8(a)
Rule 32(11) omitted (1.10.2016) by virtue of The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 8(b)
Words in rule 49 heading substituted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 10(a)
Rule 49(6) substituted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 10(b)
Words in rule 65(1) substituted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 11(a)
Rule 65(2) omitted (1.10.2016) by virtue of The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 11(b)
Rule 75 substituted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 13
Words in rule 101(1)(b) omitted (1.10.2016) by virtue of The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 14
Words in Sch. 2 para. 11 inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 15(3)(a)
Words in Sch. 2 para. 12 inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 15(3)(b)
Words in Sch. 2 para. 13 inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 15(3)(b)
Words in Sch. 2 para. 14 inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 15(3)(b)
Sch. 2 para. 15 substituted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 15(3)(c)
Words in Sch. 2 para. 18 inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 15(3)(a)
Words in Sch. 2 para. 19 inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 15(3)(a)
Words in Sch. 2 para. 20 inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 15(3)(a)
Words in Sch. 2 para. 21 inserted (1.10.2016) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 15(4)
Rule 39(3)(a) substituted (6.4.2017) by The Patents (Amendment) (No. 2) Rules 2016 (S.I. 2016/892), rules 1(2), 9
Rule 30A inserted (6.4.2018) by The Patents and Patents (Fees) (Amendment) Rules 2017 (S.I. 2017/1100), rules 1(1), 3 (with rule 11)
Words in Sch. 4 Pt. 2 inserted (6.4.2018) by The Patents and Patents (Fees) (Amendment) Rules 2017 (S.I. 2017/1100), rules 1(1), 4 (with rule 11(1))
Words in Sch. 4 Pt. 3 inserted (6.4.2018) by The Patents and Patents (Fees) (Amendment) Rules 2017 (S.I. 2017/1100), rules 1(1), 4 (with rule 11(1))
Rule 116A inserted (31.12.2020) by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 42
Words in Sch. 3 Pt. 1 substituted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 18(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 3 Pt. 1 substituted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 18(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
Rule 116A(2) inserted (31.12.2020) by The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1471), regs. 1(2), 6(b) (with reg. 7)
Rule 116A renumbered as rule 116A(1) (31.12.2020) by The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1471), regs. 1(2), 6(a) (with reg. 7)
Words in rule 85(1) omitted (31.12.2020) by virtue of The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 18(2); 2020 c. 1, Sch. 5 para. 1(1)
Word in rule 103(4) substituted (1.1.2021) by The Patents, Trade Marks and Designs (Address for Service) (Amendment) (EU Exit) Rules 2020 (S.I. 2020/1317), rules 1(1), 2 (with rules 6-8)
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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