Rule 10 Opinions on prescribed matters

After rule 93(5), insert—

“(6)

The prescribed matters for the purposes of section 74A(1) are as follows—

(a)

whether a particular act constitutes, or (if done) would constitute, an infringement of the patent;

(b)

whether, or to what extent, an invention for which the patent has been granted is not a patentable invention^f1;

(c)

whether the specification of the patent discloses the invention clearly enough and completely enough for it to be performed by a person skilled in the art;

(d)

whether the matter disclosed in the specification of the patent extends beyond that disclosed in the application for the patent as filed or, if the patent was granted on a new application, in the earlier application as filed;

(e)

whether the protection conferred by the patent has been extended by an amendment which should not have been allowed;

(f)

whether a supplementary protection certificate^f2 is invalid under Article 15 of the Medicinal Products Regulation^f3; and

(g)

whether a supplementary protection certificate is invalid under Article 15 of the Plant Protection Products Regulation^f4.”