• Patents

    STATUTORY INSTRUMENTS

    1995 No. 2093

    PATENTS

    The Patents Rules 1995

    Made: 3rd August 1995
    Laid before Parliament: 8th August 1995
    Coming into force: 4th September 1995

    As amended 01/10/05


    ARRANGEMENT OF RULES

    Preliminary
    1 Citation and commencement
    2 Interpretation
    3 Construction
    4 Forms
    4A Multiple copies
    5 International exhibitions
    6 Declaration of priority for the purposes of section 5 (2)
    6A Request to the comptroller for permission to make a late declaration under section 5(2B)
    6B Filing of priority documents to support a declaration under section 5(2)
    6C Translation of priority documents

     

    Right to apply for and obtain a patent
    7 References under section 8(1)(a) or 12(1)(a)
    8 References by co-proprietors under section 8(1)(b) or 12 (1)(b)
    9 Orders under section 8 or 12
    10 Prescribed period for new applications under section 8(3) or 12(6)
    11 Authorisation under section 8(5)
    12 Request by joint applicant under section 10 or 12(4)
    13 Reference to the comptroller under section 11 (5)

     

    Inventors
    14 Mention of inventor under section 13
    15 Procedure where applicant is not the inventor or sole inventor
    15A Waiving the right to be mentioned

     

    Applications for patents
    16 Applications for the grant of patents under sections 14 and 15
    17 Micro-organisms
    18 Drawings
    19 The abstract
    20 Size and presentation of documents
    21 Form of statements, counter-statements and evidence
    22 Unity of invention
    22A References under section 15(1)(c)(ii)
    23 Missing parts
    24 New applications under section 15(4)
    25 Periods prescribed for the purposes of section 15(10) and 17(1)
    26 Extensions for new applications
    27 Publication of application

     

    Examination and search
    28 Preliminary examination under section 15A
    28A Search under section 17
    29 Procedure where earlier application made
    30 Address for service
    30A Failure to provide an address for service
    31 Formal requirements
    32 Searches under section 17((6) and (8)
    33 Request for substantive examination under section 18
    34 Period for putting application in order
    35 Amendment of request for grant
    36 Amendment of application before grant
    36A Reinstatement of applications under section 20A
    37 Observations on patentability under section 21

     

    Grant, amendment and continuation of patent
    38 Certificates of grant
    39 Renewal of patents:general
    39A Renewal of patents: first renewal
    39B Renewal of patents: subsequent renewals
    39C Renewal notice
    40 Amendment of specification after grant
    41 Restoration of lapsed patents under section 28
    42 Notification of lapsed patent
    43 Surrender of patents

     

    Registration
    44 Entries in the register
    45 Alteration of name or address
    46 Registrations under section 33
    47 Request for correction of error
    48 Request as to payment of renewal fee
    49 Inspection of register
    50 Advertisements in relation to register
    51 Entries relating to sections 8 (1), 12(1) and 37 (1)
    52 Certificates and copies supplied by comptroller
    53 Order or direction by court

     

    Entitlement to patent
    54 Reference of question to the comptroller under section 37( 1)
    55 Application under section 37(3)
    56 Time limit for new application
    57 Orders under section 37
    58 Reference to comptroller under section 38(5)

     

    Employees' inventions
    59 Application under section 40 for compensation
    60 Application under section 41(8) to vary etc awards of compensation

     

    Licences of right
    61 Application under section 46(1) for entry in the register
    62 Application under section 46(3) to settle licences of right
    63 Application by proprietor under section 47 (1) for cancellation of entry
    64 Application under section 47(3)
    65 Opposition to cancellation of entry under section 47
    66 Procedure after cancellation of entry pursuant to section 47(3)
    67 Declaration under paragraph 4A of Schedule 1 to the Act

     

    Compulsory licences
    68 Application under section 48(1) for compulsory licence
    69 Application by Minister under section 51
    70 Procedure on receipt of application under section 48 or 51
    71 Opposition under section 52(1)

     

    Infringement proceedings before comptroller
    72 Procedure on reference to comptroller under section 61(3)
    73 Procedure where validity of patent in dispute
    74 Procedure on application under section 71

     

    Revocation of patents
    75 Procedure on application for revocation under section 72
    76 Award of costs
    77 Revocation and amendment of patents under section 73

     

    Opinions by Patent Office
    77A Interpretation
    77B Request for an opinion under section 74A
    77C Entry in the register
    77D Refusal or withdrawal of request
    77E Notification and advertisement of request
    77F Submission of observations and observations in reply
    77G Issue of the opinion
    77H Review of the opinion
    77I Procedure on review
    77J Outcome of review
    77K Appeals against a decision on review

     

    Amendment of patents in infringement or revocation proceedings
    78 Amendment of patent under section 75

     

    European patents and patent applications and national processing of international applications
    79 Entries in the register
    80 European patents and applications (UK): translations
    81 Procedure for making request under section 81( 2)(b)(i)
    82 Procedure where section 81(2)(b)(ii) applies
    83 Procedure for making request for substantive examination where section 81(2) applies
    84 Recognition of determinations in proceedings before comptroller
    85 International applications for patents: sections 89 and 89A
    86 Obtaining evidence for proceedings under European Patent Convention
    87 Communication of information to European Patent Office

     

    Hearings, agents and correction of errors
    88 Comptroller's discretionary powers
    89 Admittance to hearings before comptroller
    89A Security for costs or expenses
    90 Agents
    91 Correction of errors in patents and applications

     

    Information and inspection
    92 Request for information under section 118
    93 Inspection of documents under section 118
    94 Confidential documents
    95 Bibliographic data for purposes of section 118(3)(b)
    96 Request for information where section 118 (4) applies

     

    Miscellaneous
    97 Service by post
    98 Hours of business
    99 Excluded days
    100 Correction of irregularities
    101 Dispensation by comptroller
    102 Remission of fees
    103 Evidence
    104 Statutory declarations and affidavits
    104A Witness Statements
    105 Admission of documents
    106 Directions as to furnishing of documents etc
    107 Supporting statements or evidence
    108 Proceedings in Scotland
    109 Appointment of advisers
    110 Alteration of time limits
    110A Extension of time limits specified by comptroller
    111 Interrupted days
    111A Delays in communication services
    112 Copies of documents
    112A Copies kept at the Patent Office
    113 Translations
    113A Establishing the accuracy of translations
    114 Publication and sale of documents
    115 The Journal
    116 Reports of cases

     

    International applications
    117 Filing of applications
    118 Transmittal and late payment fees
    119 Certified copies
    120 Fees to be paid in sterling
    121 Transitional provisions and revocations

    Schedules

    Schedule 1 General forms

    Schedule 2 Micro-organisms

    Schedule 4 European patents and applications (UK): translations

    Schedule 4A Alteration of time limits

    Schedule 5 Patents Act 1949 forms

    Schedule 6 Revocations