Article 104 Failure to furnish an address for service

(1)

Where—

(a)

a person has failed to furnish an address for service under rule 103(1); and

(b)

the comptroller has sufficient information enabling him to contact that person,

the comptroller shall direct that person to furnish an address for service.

(2)

Where a direction has been given under paragraph (1), the person directed shall, before the end of the period of two months F1beginning immediately after the date of the direction, furnish an address for service.

(3)

Paragraph (4) applies where—

(a)

a direction was given under paragraph (1) and the period prescribed by paragraph (2) has expired; or

(b)

the comptroller had insufficient information to give a direction under paragraph (1),

and the person has failed to furnish an address for service.

(4)

Where this paragraph applies—

(a)

in the case of an applicant for the grant of a patent, the application shall be treated as withdrawn;

(b)

in the case of a person mentioned in rule 103(1)(b), his application, reference, request or notice of opposition shall be treated as withdrawn; and

(c)

in the case of a person mentioned in rule 103(1)(c), he shall be deemed to have withdrawn from the proceedings.

(5)

In this rule an “address for service” means an address which complies with the requirements of rule 103(4) F2....

Annotations

Textual amendments

F1: Words in rule 104(2) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
F2: Words in rule 104(5) omitted (6.4.2009) by virtue of The Patents, Trade Marks and Designs (Address for Service) Rules 2009 (S.I. 2009/546), rules 1, 10