F1PART 63INTELLECTUAL PROPERTY CLAIMS

Annotations:
Amendments (Textual)

I PATENTS AND REGISTERED DESIGNS

Application to amend a patent specification in existing proceedings63.10

1

An application under section 75 of the 1977 Act for permission to amend the specification of a patent by the proprietor of the patent must be made by application notice.

2

The application notice must—

a

give particulars of—

i

the proposed amendment sought; and

ii

the grounds upon which the amendment is sought;

b

state whether the applicant will contend that the claims prior to the amendment are valid; and

c

be served by the applicant on all parties and the Comptroller within 7 days of it being filed.

3

The application notice must, if it is reasonably possible, be served on the Comptroller electronically.

4

Unless the court otherwise orders, the Comptroller will, as soon as practicable, advertise the application to amend in the journal.

5

The advertisement will state that any person may apply to the Comptroller for a copy of the application notice.

6

Within 14 days of the first appearance of the advertisement any person who wishes to oppose the application must file and serve on all parties and the Comptroller a notice opposing the application which must include the grounds relied on.

7

Within 28 days of the first appearance of the advertisement the applicant must apply to the court for directions.

8

Unless the court otherwise orders, the applicant must within 7 days serve on the Comptroller any order of the court on the application.

9

In this rule “the journal” means the journal published pursuant to rules under section 123(6) of the 1977 Act.