# The Rules of the Supreme Court (Amendment) 1998, Article 6: Applications for leave to amend patent specification


After Order 104, rule 3(1) there shall be inserted the following new paragraphs—
“(1A) A copy of the Statement of Reasons, together with a copy of the patent as proposed to be amended, must be served by the applicant—
(a) at the same time as giving notice to the comptroller, on the comptroller and the parties to the proceedings, and
(b) forthwith on any person who requests a copy.
(1B) The Statement of Reasons required by paragraph (1A) shall contain full particulars of—
(a) the amendments sought and the reasons therefor, and
(b) the reasons why the applicant contends that in the exercise of the Court’s discretion the amendment should be allowed,
and, in particular, the Statement shall contain—
(i) a statement as to whether the amendment is by way of deletion of claims or re-writing of claims;
(ii) insofar as the amendment involves re-writing claims, details as to why the proposed amendment is in accordance with statutory requirements;
(iii) insofar as the amendment is sought to distinguish (more clearly) over prior art, an indication of the prior art together with full details (to the best of the applicant’s knowledge) of the date on which the applicant or any representative of his worldwide (or any predecessor in title or representative of his) first became aware of that prior art, identifying any predecessor in title or representative referred to and, where the application to amend is brought more than 6 months after the date referred to, explaining the reasons for the delay;
(iv) insofar as the amendment is sought to cure a possible insufficiency, full details (to the best of the applicant’s knowledge) of the date on which the applicant or any representative of his worldwide (or any predecessor in title or representative of his) first became aware of that possible insufficiency, identifying any predecessor in title or representative referred to and, where the application to amend is brought more than 6 months after the date referred to, explaining the reasons for the delay.
(1C) The Statement of Opposition required by paragraph (1)(d) shall contain full particulars of all grounds of opposition to the allowability of the amendments and, in particular, shall state—
(a) whether or not the allowability of the amendments (or some of them) is opposed on statutory grounds and, if so, full reasons shall be given;
(b) whether or not the allowability of the amendments (or some of them) is opposed on discretionary grounds and, if so, full reasons shall be given.
(1D) A copy of the Statement of Opposition shall be served on—
(a) the applicant,
(b) the comptroller,
(c) the parties to the proceedings, and
(d) any other person who has given notice of his intention to oppose the amendment.”.

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Source: https://www.legislation.gov.uk/uksi/1998/1898/article/6 (the official version)
Page: https://openlegislation.uk/rules-of-the-supreme-court-amendment-1998/article-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.