The Patents Rules 1995
S.I. 1995/2093 · Made 3 August 1995
PATENTS
Made 3rd August 1995
Laid before Parliament 8th August 1995
Coming into force 4th September 1995
The Secretary of State, in exercise of the powers conferred upon him by sections 5(2), 8(3), 12(6), 13(1) and (3), 14(1) and (6), 15(2), (3) and (5), 16(1), 17(1), (2) and (8), 18(1) and (4), 19(1), 20(1), 21(1), 24(2), 25(3) and (5), 28(1), (1A) and (2A), 32(2), (5), (6) and (7), 40(1) and (2), 47(3) and (6), 52(1), 77(6), 78(4), 80(3), 81(2)(b) and (2)(c), 89, 89A, 92(3) and (4), 97(1)(d), 118(1) and (3)(b), 120(1), 123(1) to (3A), (6) and (7), 124, 125A(1), (2) and (3), 127(6) and 130(2) of, and paragraph 4A(5) of Schedule 1 and paragraph 14 of Schedule 4 to, the Patents Act 1977f1 after consultation with the Council on Tribunals pursuant to section 8(1) of the Tribunals and Inquiries Act 1992f2, hereby makes the following Rules:—
Annotations to the whole text
Footnotes
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1977 c. 37; section 17(8) was added by the Copyright, Designs and Patents Act 1988 (c. 48), section 295 and Schedule 5, paragraph 3; section 28(1) was amended, and section 28(1A) and (2A) were added, by the said Act of 1988, section 295 and Schedule 5, paragraph 6; section 32 was replaced by the Patents, Designs and Marks Act 1986 (c. 39), section 1 and Schedule 1, paragraph 4; section 77 was amended by the said Act of 1988, section 295 and Schedule 5, paragraphs 8 and 21; section 89 was replaced, and section 89A was inserted by the said Act of 1988, section 295 and Schedule 5, paragraph 25; section 118(3) was amended by the said Act of 1988, section 295 and Schedule 5, paragraph 28; section 123 was amended by the said Act of 1988, section 295 and Schedule 5, paragraph 29; section 125A was added by the said Act of 1988, section 295 and Schedule 5, paragraph 30; paragraph 4(A) of Schedule 1 was added by section 293 of the said Act of 1988.
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Contents
- PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Construction
- 4Forms
- 5International exhibitions
- 6Declaration of priority for the purposes of section 5
- RIGHT TO APPLY FOR AND OBTAIN A PATENT
- 7References under section 8(1)(a) or 12(1)(a)
- 8References by co-proprietors under section 8(1)(b) or 12(1)(b)
- 9Orders under section 8 or 12
- 10Prescribed period for new applications under section 8(3) or 12(6)
- 11Authorisation under section 8(5)
- 12Request by joint applicant under section 10 or 12(4)
- 13Reference to the comptroller under section 11(5)
- INVENTORS
- 14Mention of inventor under section 13
- 15Procedure where applicant is not the inventor or sole inventor
- APPLICATIONS FOR PATENTS
- 16Applications for the grant of patents under sections 14 and 15
- 17Micro-organisms
- 18Drawings
- 19The abstract
- 20Size and presentation of documents
- 21Form of statements, counter-statements and evidence
- 22Unity of invention
- 23Late filed drawings
- 24New applications under section 15(4)
- 25Periods prescribed under section 15(5)(a) and (b) and 17(1) for filing claims, abstract and request for preliminary examination and search
- 26Extensions for new applications
- 27Period for publication of application
- EXAMINATION AND SEARCH
- 28Preliminary examination and search under section 17
- 29Procedure where earlier application made
- 30Address for service
- 31Formal requirements
- 32Searches under section 17(6) and (8)
- 33Request for substantive examination under section 18
- 34Period for putting application in order
- 35Amendment of request for grant
- 36Amendment of application before grant
- 37Observations on patentability under section 21
- GRANT, AMENDMENT AND CONTINUATION OF PATENT
- 38Certificates of grant
- 39Renewal of patents
- 40Amendment of specification after grant
- 41Restoration of lapsed patents under section 28
- 42Notification of lapsed patent
- 43Surrender of patents
- REGISTRATION
- 44Entries in the register
- 45Alteration of name or address
- 46Registrations under section 33
- 47Request for correction of error
- 48Request as to payment of renewal fee
- 49Inspection of register
- 50Advertisements in relation to register
- 51Entries relating to sections 8(1), 12(1) and 37(1)
- 52Certificates and copies supplied by comptroller
- 53Order or direction by court
- ENTITLEMENT TO PATENT
- 54Reference of question to the comptroller under section 37(1)
- 55Applications under section 37(3)
- 56Time limit for new application
- 57Request under section 38(3)
- 58Reference to comptroller under section 38(5)
- EMPLOYEES' INVENTIONS
- 59Application under section 40 for compensation
- 60Application under section 41(8) to vary etc awards of compensation
- LICENCES OF RIGHT
- 61Application under section 46(1) for entry in the register
- 62Application under section 46(3) to settle licences of right
- 63Application by proprietor under section 47(1) for cancellation of entry
- 64Application under section 47(3)
- 65Opposition to cancellation of entry under section 47
- 66Procedure after cancellation of entry pursuant to section 47(3)
- 67Declaration under paragraph 4A of Schedule 1 to the Act
- COMPULSORY LICENCES
- 68Application under section 48(1) for compulsory licence
- 69Application by Minister under section 51
- 70Procedure on receipt of application under section 48 or 51
- 71Opposition under section 52(1)
- INFRINGEMENT PROCEEDINGS BEFORE COMPTROLLER
- 72Procedure on reference to comptroller under section 61(3)
- 73Procedure where validity of patent in dispute
- 74Procedure on application under section 71
- REVOCATION OF PATENTS
- 75Procedure on application for revocation under section 72
- 76Award of costs
- 77Revocation and amendment of patents under section 73
- AMENDMENT OF PATENTS IN INFRINGEMENT OR REVOCATION PROCEEDINGS
- 78Amendment of patent under section 75
- EUROPEAN PATENTS AND PATENT APPLICATIONS AND NATIONAL PROCESSING OF INTERNATIONAL APPLICATIONS
- 79Entries in the register
- 80European patents and applications (UK): translations
- 81Procedure for making request under section 81(2)(b)(i)
- 82Procedure where section 81(2)(b)(ii) applies
- 83Procedure for making request for substantive examination where section 81(2) applies
- 84Recognition of determinations in proceedings before comptroller
- 85International applications for patents: sections 89 and 89A
- 86Obtaining evidence for proceedings under European Patent Convention
- 87Communication of information to European Patent Office
- HEARINGS, AGENTS AND CORRECTION OF ERRORS
- 88Comptroller’s discretionary powers
- 89Admittance to hearings before comptroller
- 90Agents
- 91Correction of errors in patents and applications
- INFORMATION AND INSPECTION
- 92Request for information under section 118
- 93Inspection of documents under section 118
- 94Confidential documents
- 95Bibliographic data for purposes of section 118(3)(b)
- 96Request for information where section 118(4) applies
- MISCELLANEOUS
- 97Service by post
- 98Hours of business
- 99Excluded days
- 100Correction of irregularities
- 101Dispensation by comptroller
- 102Remission of fees
- 103Evidence
- 104Statutory declarations and affidavits
- 105Admission of documents
- 106Directions as to the furnishing of documents etc
- 107Supporting statements or evidence
- 108Proceedings in Scotland
- 109Appointment of advisers
- 110Alteration of time limits
- 111Calculation of times or periods
- 112Copies of documents
- 113Translations
- 114Publication and sale of documents
- 115The Journal
- 116Reports of cases
- INTERNATIONAL APPLICATIONS
- 117Filing of applications
- 118Transmittal and late payment fees
- 119Certified copies
- 120Fees to be paid in sterling
- 121Transitional provisions and revocations
- Signature
- Schedule 1GENERAL FORMS
- Schedule 2: MICRO-ORGANISMS
- 1Applications
- 2Availability of cultures
- 3Availability of cultures to experts
- 4New deposits
- 5Interpretation of Schedule
- Schedule 3FORM OF CERTIFICATE OF GRANT OF PATENT
- Schedule 4: EUROPEAN PATENTS AND APPLICATIONS (UK):TRANSLATIONS
- 1Translations of European Patents (UK) filed under section 77(6)
- 2Periods prescribed under section 77(6)
- 3Translations of claims of applications for European patents (UK) filed under section 78(7)
- 4Corrected translations filed under section 80(3)
- 5Verification of translation
- Schedule 5PATENTS ACT 1949 FORMS
- Schedule 6REVOCATIONS
- Explanatory note