OpenLegislation

Rule 63.12 Application by employee for compensationF1

(1)

An application by an employee for compensation under section 40(1) or (2) of the 1977 Act must be made—

(a)

in a claim form; and

(b)

within the period prescribed by paragraphs (2), (3) and (4).

(2)

The prescribed period begins on the date of the grant of the patent and ends 1 year after the patent has ceased to have effect.

(3)

Where the patent has ceased to have effect as a result of failure to pay renewal fees, the prescribed period continues as if the patent has remained continuously in effect provided that—

(a)

the renewal fee and any additional fee are paid in accordance with section 25(4) of the 1977 Act; or

(b)

restoration is ordered by the Comptroller following an application under section 28 of the 1977 Act.

(4)

Where restoration is refused by the Comptroller following an application under section 28 of the 1977 Act, the prescribed period will end 1 year after the patent has ceased to have effect or 6 months after the date of refusal, whichever is the later.

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)