The Patents Rules 1990

Observations on patentability under section 21

37.—(1) Subject to paragraph (2) below, the comptroller shall send to the applicant a copy of—

(a) any document containing observations which he receives under section 21 in connection with the application; and

(b) any document referred to in any such observations being a document which he receives from the person making them.

(2) Nothing in paragraph (1) above shall impose any duty on the comptroller in relation to any document—

(a) a copy of which it appears to the comptroller is readily available for retention by the applicant; or

(b) which in his opinion is not suitable for photocopying, whether on account of size or for any other reason.

(3) If the period ascertained under rule 34 (as altered, if that be the case, under rule 100 or rule 110) has not expired and the comptroller has not sent to the applicant notice in accordance with section 18(4) that the application complies with the requirements of the Act and these Rules, the observations shall be referred to the examiner conducting a substantive examination of the application under section 18; and the examiner shall consider and comment upon them as he thinks fit in his report under that section.