F1PART 63INTELLECTUAL PROPERTY CLAIMS

I PATENTS AND REGISTERED DESIGNS

Court’s determination of question or application63.11.

(1)

This rule applies where the Comptroller—

(a)

declines to deal with a question under section 8(7), 12(2), 37(8) or 61(5) of the 1977 Act;

(b)

declines to deal with an application under section 40(5) of the 1977 Act; or

(c)

certifies under section 72(7)(b) of the 1977 Act that the court should determine the question whether a patent should be revoked.

(2)

Any person seeking the court’s determination of that question or application must start a claim for that purpose within 14 days of receiving notification of the Comptroller’s decision.

(3)

A person who fails to start a claim within the time prescribed by rule 63.11(2) will be deemed to have abandoned the reference or application.

(4)

A party may apply to the Comptroller or the court to extend the period for starting a claim prescribed by rule 63.11(2) even where the application is made after expiration of that period.