# The Patents Act 2004 (Commencement No. 2 and Consequential, etc. and Transitional Provisions) Order 2004, Article 5: Consequential, incidental and supplementary provisions


For rule 13 there is substituted—
“Reference to the comptroller under section 11(5)
13. (1) A reference under section 11(5) shall be made on Patents Form 2/77 and shall be accompanied by a copy and by a statement in duplicate setting out fully—
(a) the question referred;
(b) the facts upon which the person making the reference relies; and
(c) the period or terms of the licence which he is prepared to accept or grant.
(2) The comptroller shall send, except to the person who made the reference, a copy of the reference and statement to—
(a) every person in whose name the application is to proceed or, as the case may be, who makes the new application; and
(b) every person claiming to be entitled to be granted a licence,
and any such person who receives a copy of the reference and statement may, before the end of the period of six weeks starting on the date the copies were sent to him, file a counter-statement (which must be in duplicate) setting out fully his grounds of objection.
(3) The comptroller shall send a copy of the counter-statement to the person who made the reference.
(4) The comptroller may give such directions as he thinks fit with regard to the subsequent procedure.
(5) In this rule, a reference to section 11 includes a reference to that section as applied by section 12(5).”.

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Source: https://www.legislation.gov.uk/uksi/2004/3205/article/5 (the official version)
Page: https://openlegislation.uk/patents-act-2004-commencement-no-2-and-consequential-etc-and-transitional-provisions-order-2004/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.