Article 62 Application under section 46(3) to settle licences of right

(1)

An application under section 46(3)(a) or (b) (made on or after the date on which these Rules come into force) shall be made on Patents Form 29/77 which shall be filed in duplicate together with,—

(a)

in the case of an application by the proprietor of the patent, two copies of a draft of the licence he proposes and of a statement of the facts he relies on; and

(b)

in the case of an application by any other person, two copies of a draft of the licence he seeks.

(2)

The comptroller shall,—

(a)

in the case of an application by the proprietor, send a copy of Patents Form 29/77 and a copy of the documents filed under subparagraph (a) of paragraph (1) above to the person to whom the proprietor proposes to grant the licence; and

(b)

in the case of an application by any other person, send a copy of Patents Form 29/77 and a copy of the documents filed under subparagraph (b) of that paragraph to the proprietor.

(3)

Within the period of two months beginning on the date when the documents are sent to him under paragraph (2) above,—

(a)

in the case of an application by the proprietor, the person referred to in paragraph (2)(a) above may file a counter-statement setting out fully the grounds of his objection; and

(b)

in the case of an application by any other person, the proprietor may file a statement setting out fully the grounds of his objection,

and, if he does so, at the same time shall send a copy of the statement or counter-statement, as the case may be, to the other party.

(4)

Within the period of two months beginning on the date when a statement under paragraph (3)(b) above is sent to him, the person therein referred to may file a counter-statement; and, if he does so, he shall at the same time send a copy of the counter-statement to the proprietor.

(5)

No further statement or counter-statement shall be served by either party without the leave or direction of the comptroller.

(6)

The comptroller may give such directions as he may think fit with regard to the subsequent procedure.

(7)

Notwithstanding its repeal by rule 123(3), rule 63 of the Patents Rules 1982^f1 shall continue to apply to an application made under it before these Rules come into force.

Annotations

Footnotes

f1: S.I. 1982/717 to which there are no relevant amendments.