The Patents Rules 1995

(as amended)
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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
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 Biological material
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(9)
25 Periods prescribed for the purposes of section 15(10) and 17(1)
26 Extensions for new applications
27 Period for 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
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 Request under section 38(3)
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 for compulsory licence under section 48(1), or revocation or cancellation under section 52(2)(a)
69 Application by Minister under section 51
70 Procedure on receipt of application under section 48, 51 or 52
71 Opposition under section 52

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 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 [revoked]
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 (revoked)
99 Excluded days (revoked)
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 the comptroller
111 Interrupted Days
111A Delays in communication services
112 Copies of documents
112A Copies held 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 Transit ional provisions and revocations

Schedules

Schedule 1 General forms (revoked)
Schedule 2 Biological material
Schedule 3 Form of certificate of grant of patent (revoked)
Schedule 4 European Patents and applications (UK): translations
Schedule 4A Alteration of time limits
Schedule 5 Patents Act 1949 forms
Schedule 6 Revocations