F1PART 63INTELLECTUAL PROPERTY CLAIMS

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Amendments (Textual)

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.