Article 7 Trade Marks and patents

After Order 104, rule 23, there shall be inserted the following new rule—

“Service of documents

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(1)

This rule applies to the service of any document (including originating process) on a party until such time as that party has provided an address for service within the meaning of Order 6, rule 5(2) or Order 12, rule 3.

(2)

Subject to paragraph (3), for the purposes of any proceedings relating to a patent or a registered design (including proceedings for revocation, declaration as to non-infringement or groundless threats of infringement proceedings or any other proceedings of a kind mentioned in this Order) where any document is served in the manner prescribed by Order 10 or Order 65 at an address for service given in the register kept under section 32 of the 1977 Act or, as the case may be, section 17 of the Registered Designs Act 1949^f1—

(a)

service shall be deemed to have been effected on the registered proprietor of the patent or registered design on the date on which the document was served at the said address;

(b)

the party on whom service is deemed to have been effected under sub-paragraph (a) shall be treated, for the purposes of any provision of these rules which specifies a time-limit for responding to the document so served (whether by acknowledging service, giving notice of intention to defend or otherwise), as having been served on the seventh day after the date on which the document was served at the said address.

(3)

Nothing in paragraph (2) shall prevent service being effected on the proprietor in accordance with the provisions of these rules.”.