2007 Rule 95

95. Notification and advertisement of request

Rule 94 | Index | Rule 96

(1) The comptroller must notify each of the following persons of the request (except where the person concerned is the requester)-

  • (a) the patent holder;
  • (b) any holder of a licence or sub-licence under the patent in suit which has been registered under rule 47;
  • (c) any person who has made a request in respect of the patent in suit under rule 54 regarding an opinion being requested under rule 93;
  • (d) any person who is specified under rule 93(2)(a).

(2) In addition, the comptroller may notify of the request any persons who appear to him to be likely to have an interest in the question upon which the opinion is sought.

(3) The comptroller must send a copy of the form and statement filed under rule 93(1) to each person so notified, together with a copy of such other documents filed under rule 93 as he thinks fit.

(4) The comptroller must advertise a request in such manner as he thinks fit.

(5) However, if the request is refused or withdrawn before a notification has been made under paragraph (1)-

  • (a) the patent holder alone must be notified of the request (and of the fact that it has been refused or withdrawn); and
  • (b) paragraphs (3) and (4) do not apply.
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