The Civil Procedure Rules 1998

[F1 Application by employee for compensation E+W

63.12— (1) An application by an employee for compensation under section 40(1) or (2) of the 1977 Act must be made—

(a) in a claim form; and

(b) within the period prescribed by paragraphs (2) and (3).

(2) The prescribed period begins on the date of the grant of the patent and ends one year after the patent has ceased to have effect.

(3) Where a patent has ceased to have effect as a result of failure to pay the renewal fees within the period prescribed under rule 39 of the Patents Rules 1995, and an application for restoration is made to the Comptroller under section 28 of the 1977 Act, the period prescribed under paragraph (2)—

(a) if restoration is ordered, continues as if the patent had remained continuously in effect; or

(b) if restoration is refused, is treated as expiring one year after the patent ceased to have effect, or six months after the refusal, whichever is the later.]

Textual Amendments

F1 Pt. 63 inserted (1.4.2003) by The Civil Procedure (Amendment No. 2) Rules 2002 (S.I. 2002/3219), rule 1, Sch.