2007 Rule 76

76. Starting proceedings

Rule 75 | Index | Rule 77

(1) Proceedings are started when a person files in duplicate-

  • (a) the relevant form; and
  • (b) his statement of grounds.

(2) Any person may give notice of opposition-

  • (a) in the case of section 75(2), before the end of the period of two weeks beginning immediately after1 the date of the relevant notice; and
  • (b) in the case of any of the other provisions mentioned in Part 2 of Schedule 3, before the end of the period of four weeks beginning immediately after2 the date of the relevant notice.

[not extendable: Schedule 4, part 1, except in relation to an opposition under section 27(5) where there are pending before the court or the comptroller proceedings in which the validity of the patent is put in issue]

(3) For the purposes of this rule and rule 77-

  • "relevant form" means"
    • (a) in relation to applications or requests under the provisions of the Medicinal Products Regulation or the Plant Protection Products Regulation mentioned in Part 1 of Schedule 3, Patents Form SP3;
    • (b) in relation to applications, references or requests under any other provision mentioned in Part 1 of that Schedule, Patents Form 2; and
    • (c) in relation to oppositions under the provisions mentioned in Part 2 of that Schedule, Patents Form 15; and
  • "relevant notice" means the advertisement in the journal mentioned in rule 75.

(4) A statement of grounds must-

  • (a) include a concise statement of the facts and grounds on which the claimant relies;
  • (b) in the case of rule 89(5), include the grounds of objection to the draft licence;
  • (c) where appropriate, include the period or terms of the licence which he believes are reasonable;
  • (d) specify the remedy which he seeks;
  • (e) where it accompanies an application under the Compulsory Licensing Regulation, include any information required by that Regulation;
  • (f) be verified by a statement of truth; and
  • (g) comply with the requirements of Part 1 of Schedule 2.
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