Article 99 Procedure on review

(1)

On receipt of the application, the comptroller must send a copy of the form and statement filed under rule 98 to—

(a)

the requester (if different from the applicant); and

(b)

any person who filed observations under rule 96.

(2)

The comptroller must advertise the application in such manner as he thinks fit.

(3)

Before the end of the relevant period, any person may file a statement in support of the application or a counter-statement contesting it (which in either case must be in duplicate), and on so doing shall become a party to the proceedings for a review.

(4)

For the purposes of paragraph (3) the relevant period is—

(a)

four weeks F1beginning immediately after the date on which the application is advertised under paragraph (2); or

(b)

if it expires later, the period of two months F2beginning immediately after the date on which the opinion is issued under rule 97(2).

(5)

The comptroller shall send to the other parties a copy of each statement or counter-statement filed under paragraph (3).

(6)

The rules listed in Parts 4 and 5 of Schedule 3 shall apply to the proceedings for a review and for the purposes of rule 83(3)—

(a)

a reference to “the claimant” is a reference to the applicant for a review; and

(b)

a reference to “the defendant” is a reference to any other party.

Annotations

Textual amendments

F1: Words in rule 99(4)(a) 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 99(4)(b) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)