The Contracting Out (Functions in Relation to Applications for Patents) Order 2002

Article 3

SCHEDULE 1 FUNCTIONS OF THE COMPTROLLER ENABLED TO BE CONTRACTED OUT

1.  Functions conferred by or under any of the following provisions of the Patents Act:

(a) section 14(7) (consideration and reframing of abstract);

(b) section 19(2) (amendment of an application for a patent before grant);

(c) section 21(1) (consideration of observations by third parties on patentability); and

(d) section 117 (correction of errors) except insofar as it relates to correction of errors in any specification of a patent or any document filed in connection with a patent.

2.  Functions conferred by or under any of the following provisions of the Patents Rules:

(a) rule 19(4) (publication of figures characterising the invention);

(b) rule 36(2) and (6) (amendment of application before grant); and

(c) rule 37 (observations on patentability).

Article 4

SCHEDULE 2 FUNCTIONS OF EXAMINERS OF THE PATENT OFFICE ENABLED TO BE CONTRACTED OUT

1.  Functions conferred by or under any of the following provisions of the Patents Act:

(a) section 17(1) (other than subsection (2)) (preliminary examination and search); and

(b) section 18(2) (substantive examination).

2.  Functions conferred by or under rule 37(3) of the Patents Rules (observations on patentability).

(1)

Words in subsection (7) of section 17 were substituted by section 295 of, and paragraph 3(2) of Schedule 5 to, the Copyright, Designs and Patents Act 1988 (c. 48) (“the 1988 Act”). Subsection (8) of section 17 was added by section 295 of, and paragraph 3(3) of Schedule 5 to, the 1988 Act.

(2)

Subsection (1A) of section 18 was inserted by section 295 of, and paragraph 4 of Schedule 5 to, the 1988 Act.