Article 96 Submission of observations and observations in reply

(1)

If the request has not been refused or withdrawn, any person may, before the end of the relevant period, file observations on any issue raised by the request.

(2)

Such observations may include reasons why the comptroller should refuse the request.

(3)

Any person who files observations under paragraph (1) must ensure that, before the end of the relevant period, a copy of those observations is received—

(a)

where that person is not the patent holder, by the patent holder; and

(b)

by the requester.

(4)

A person to whom observations are sent under paragraph (3) may, during the period of two weeks beginning immediately after the end of the relevant period, file observations confined strictly to matters in reply.

(5)

Any person who files observations under paragraph (4) must ensure that, within that period of two weeks, a copy of those observations is received—

(a)

where that person is the requester, by the patent holder; and

(b)

where that person is the patent holder, by the requester.

(6)

If it is reasonably possible, the observations filed under this rule and the copies of such observations shall be delivered only in electronic form or using electronic communications.

(7)

For the purposes of this rule, the relevant period is four weeks F1beginning immediately after the date of advertisement under rule 95(4).

Annotations

Textual amendments

F1: Words in rule 96(7) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)