Act of Sederunt (Rules of the Court of Session 1994) 1994

Applications for leave to amend specifications S

55.5.—(1) A patentee or the proprietor of a patent intending to apply to the court under section 30 of the Act of 1949 or section 75 of the Act of 1977 (which provide for leave to amend specification) shall give notice of his intention to the Comptroller and at the same time deliver to him a form of advertisement–

(a) identifying the proceedings depending before the court in which it is intended to apply for such leave;

(b) giving particulars of the amendment sought;

(c) stating the address of the applicant for service within the United Kingdom; and

(d) stating that any person intending to oppose the amendment who is not a party to the proceedings must, within 28 days after the appearance of the advertisement, give written notice of that intention to the applicant and to the Deputy Principal Clerk.

(2) On receipt of a form of advertisement under paragraph (1), the Comptroller shall cause the advertisement to be inserted once in the Journal.

(3) A person who gives notice of intention to oppose the amendment in accordance with the advertisement shall be entitled to be heard on the application subject to any order of the court as to expenses.

(4) Within 35 days after the appearance of the advertisement, the applicant shall make his application under section 30 of the Act of 1949 or section 75 of the Act of 1977, as the case may be, by motion intimated, with a copy of the specification certified by the Comptroller and showing in coloured ink the amendment sought, to–

(a) the Comptroller;

(b) every other party; and

(c) any person who has intimated his intention to oppose the amendment.

(5) On enrolling a motion under paragraph (4), the applicant shall lodge in process–

(a) a copy of the Journal containing the advertisement referred to in paragraph (2); or

(b) a certificate of publication by the publisher sfitating the date of publication and the text of the advertisement.

(6) At the hearing of a motion under paragraph (4)–

(a) where there is no opposition to the amendment sought, the court may–

(i) grant the application; or

(ii) make such order for further procedure as it thinks fit; or

(b) where there is opposition to the amendment sought, the court shall ordain the applicant to lodge a minute setting out the grounds of his application within such period as the court thinks fit, and allow any party or person opposing the amendment to lodge answers to the minute in process within a specified period.

(7) Within 7 days after the expiry of the time for lodging answers under paragraph (6)(b), the applicant shall apply by motion for an order for further procedure.

(8) On a motion under paragraph (7), the court may–

(a) grant the application;

(b) determine whether the motion shall be heard at the same time as the hearing of the cause depending before the court relating to the patent in question or at a different time;

(c) determine the manner in which evidence shall be given and, if the evidence is to be given by affidavit, the period within which affidavits must be lodged; or

(d) make such other order for further procedure as it thinks fit.

(9) Where the court allows the specification to be amended, the applicant shall forthwith–

(a) lodge with the Comptroller a certified copy of the interlocutor; and

(b) if so required by the court or the Comptroller, leave at the Patent Office a new specification and drawings as amended, prepared in compliance with the Act of 1949 or the Act of 1977, as the case may be, and any rules made under either of those Acts.

(10) On receiving the certified copy interlocutor under paragraph (9), the Comptroller shall cause it to be inserted at least once in the Journal.

Commencement Information

I1 Sch. 2 rule 55.5 in force at 5.9.1994, see para. 1(1)