2007 Rule 10

10. Mention of the inventor

Rule 9 | Index | Rule 11

(1) An inventor or joint inventor of an invention, if not mentioned in any published application for a patent, or in any patent granted, for the invention, must be mentioned in an addendum or an erratum to the application or patent.

(2) A person who alleges that any person ought to have been mentioned as the inventor or joint inventor of an invention may apply to the comptroller for that person to be so mentioned-

  • (a) in any patent granted for the invention; and
  • (b) if possible in any published application for a patent for the invention,

and, if not so mentioned, in the manner prescribed by paragraph (1).

(3) Subject to rules 21, 58(4), 59(3) and 68(2), the period prescribed for the purposes of section 13(2) is sixteen months beginning immediately after1-

  • (a) where there is no declared priority date, the date of filing of the application; or
  • (b) where there is a declared priority date, that date.

[extendable under Rules 108(2) or 108(3): Schedule 4, part 2, but by no more than 2 months: Schedule 4, part 3]

(4) A statement filed under section 13(2) must be made on Patents Form 7.

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