The Patents Rules 1990

Proceedings in Scotland

108.—(1) Where there is more than one party to the proceedings under section 8, 12, 37, 40(1) or (2), 41(8), 61(3), 71 or 72, any party thereto may request the comptroller to direct that any hearing in such proceedings shall be held in Scotland and—

(a) the comptroller shall so direct in the following cases—

(i) where one party resides in Scotland and all parties to the proceedings agree to a hearing being held there; or

(ii) where all the parties to the proceedings reside in Scotland and one of them requests a hearing there, unless it is shown to the comptroller’s satisfaction that it would be unduly burdensome to any other party to hold the hearing there; and

(b) the comptroller may direct that a hearing be held in Scotland (even where none of the parties resides in Scotland) where one party to the proceedings requests it and the balance of convenience is in favour of holding the hearing there.

(2) A request under paragraph (1) above shall be made in duplicate and shall—

(a) be in writing;

(b) be accompanied by a statement of facts in duplicate setting out the grounds upon which the request is made; and

(c) be filed at any time before the comptroller issues notification to the parties that a hearing has been appointed, or, with the leave of the comptroller, within fourteen days thereafter.

(3) The comptroller, upon a request being made under paragraph (1) above, shall send a copy of the request and the statement to any party to the proceedings who has not indicated that he consents to the request.

(4) Any party or parties to the proceedings having objection to a request made under paragraph (1) above may, within two months after notification of the request is sent to him, file at the Patent Office a counter-statement in duplicate setting out the grounds upon which objection is taken, and the comptroller shall send a copy of the counter-statement to any person who is not party to it.

(5) The comptroller may give such directions as he may think fit with regard to the subsequent procedure.

(6) Where the comptroller, after consideration of a request made under paragraph (1)(a)(ii) or (b) above, is satisfied that any hearing thereon should be held in Scotland, he shall grant the request and issue such directions as shall seem to him appropriate.

(7) No appeal shall lie from any decision of the comptroller under this rule.