[F1Court’s determination of question or applicationE+W
63.11.—(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.]
Textual Amendments
F1Pt. 63 substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rule 1(2), Sch. 1