Part I New Domestic Law
F1Opinions by Patent Office
74AF2Opinions on matters prescribed in the rules
1
The proprietor of a patent or any other person may request the comptroller to issue F3an opinion on a prescribed matter in relation to the patent.
2
Subsection (1) above applies even if the patent has expired or has been surrendered.
3
The comptroller shall issue an opinion if requested to do so under subsection (1) above, but shall not do so—
a
in such circumstances as may be prescribed, or
b
if for any reason he considers it inappropriate in all the circumstances to do so.
4
An opinion under this section shall not be binding for any purposes.
5
An opinion under this section shall be prepared by an examiner.
6
In relation to a decision of the comptroller whether to issue an opinion under this section—
a
for the purposes of section 101 below, only the person making the request under subsection (1) above shall be regarded as a party to a proceeding before the comptroller; and
b
no appeal shall lie at the instance of any other person.
Ss. 74A, 74B and cross-heading inserted (1.10.2005) by Patents Act 2004 (c. 16), ss. 13(1), 17(1); S.I. 2005/2471, art. 2(c)