Rule 63.11 Court’s determination of question or applicationF1
This rule applies where the Comptroller—
declines to deal with a question under section 8(7), 12(2), 37(8) or 61(5) of the 1977 Act;
declines to deal with an application under section 40(5) of the 1977 Act; or
certifies under section 72(7)(b) of the 1977 Act that the court should determine the question whether a patent should be revoked.
Any person seeking the court’s determination of that question or application must start a claim for that purpose within 14 days of receiving notification of the Comptroller’s decision.
A person who fails to start a claim within the time prescribed by rule 63.11(2) will be deemed to have abandoned the reference or application.
A party may apply to the Comptroller or the court to extend the period for starting a claim prescribed by rule 63.11(2) even where the application is made after expiration of that period.
Annotations
Textual amendments
- F1
Pt. 63 substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rule 1(2), Sch. 1
Notes on Part 63
Textual amendments
- F2
Words in Pt. 63 Table of Contents omitted (1.10.2010) by virtue of The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 8(a)(i)
- F3
Words in Pt. 63 Table of Contents inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 8(a)(ii)
- F4
Words in Pt. 63 Table of Contents substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 26(a)(i)
- F5
Words in Pt. 63 Table of Contents substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 26(a)(ii)
- F6
Words in Rules substituted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iv); S.I. 2014/954, art. 2(a)
- F7
Words in Pt. 63 Table of Contents inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 10(a)