2007 Rules Schedule 3

SCHEDULE 3

Schedule 2 | Index | Schedule 4

[See also Rule 73]

PROCEEDINGS HEARD BEFORE THE COMPTROLLER

PART 1

APPLICATIONS, REFERENCES AND REQUESTS

Patents Act 1977

section 8(1) (reference regarding entitlement in relation to a patent under the Act)

section 10 (request for directions for handling a joint application)

section 11(5) (reference regarding entitlement to a licence to continue working after transfer of application)

section 12(1) (reference regarding entitlement in relation to a foreign or convention patent)

section 12(4) (reference involving joint applications on entitlement in relation to a foreign or convention patent)

section 13(3) (application to comptroller to remove person mentioned as inventor)

section 37(1) (determination of right to patent after grant)

section 38(5) (reference regarding entitlement to a licence to continue working after transfer of patent)

section 40 (application for compensation by an employee)

section 41(8) (application to vary order for compensation for certain inventions)

section 46(3) (application to settle terms of licence available as of right)

section 47(3) (application to cancel licence available as of right)

section 48(1) (application for a compulsory licence)

section 50A(2) (application following merger and market investigation)

section 51(1) (application by Minister following report of Competition Commission)

section 52(2)(a) (application to cancel compulsory licence)

section 61(3) (reference on question of infringement before the comptroller)

section 71 (declaration of non-infringement)

section 72 (application to revoke patent)

Patents Rules 2007

rule 10(2) (application to be mentioned as inventor)

rule 88(1) (application to hold proceedings in Scotland)

paragraph 7(4) of Schedule 1 (notice of objection to expert)

Compulsory Licensing Regulation

Article 5(c) of the Compulsory Licensing Regulation (application to terminate EU compulsory licence)

Article 6(1) of that Regulation (application for an EU compulsory licence)

Article 10(8) of that Regulation (application to access books and records)

Article 16(1), second paragraph, of that Regulation (application for a review of an EU compulsory licence)

Article 16(4) of that Regulation (application for modification of an EU compulsory licence)

Medicinal Products Regulation and Plant Protection Products Regulation

Article 14(d) of the Medicinal Products Regulation and the Plant Protection Products Regulation (request to review lapse of supplementary protection certificate)

Article 15 of those Regulations (application for declaration of invalidity of supplementary protection certificate)

Article 15a of the Medicinal Products Regulation (application for revocation of an extension of the duration of a supplementary protection certificate)

PART 2

OPPOSITIONS WHICH START PROCEEDINGS

Patents Act 1977

section 27(5) (opposition to amendment of specification after grant)

section 29(2) (opposition to surrender of patent)

section 47(6) (opposition to cancellation of licence available as of right), where the application was made by the proprietor of the patent

section 75(2) (opposition to amendment during infringement or revocation proceedings)

section 117(2) (opposition to correction of error in patents and applications)

PART 3

OPPOSITIONS AFTER PROCEEDINGS HAVE STARTED

Patents Act 1977

section 47(6) (opposition to cancellation of licence available as of right), where the application was made by a person other than the proprietor of the patent

section 52(1) (opposition to an application for compulsory licence or under section 50A or 51)

section 52(2)(b) (opposition to an application to cancel a compulsory licence)

PART 4

RULES WHICH APPLY TO ANY PROCEEDINGS HEARD BEFORE THE COMPTROLLER

Patents Rules 2007

rule 74 (overriding objective)

rule 79 (copies of documents)

rule 80(2) to (6) (evidence and the hearing)

rule 81 (alteration of time limits)

rule 82 (general powers of the comptroller in relation to proceedings before him)

rule 84 (hearings in public)

rule 87 (evidence in proceedings before the comptroller)

PART 5

RULES WHICH APPLY TO A REVIEW OF AN OPINION

Patents Rules 2007

rule 83 (striking out a statement of case and summary judgment)

rule 85 (security for costs or expenses)

rule 86 (powers of comptroller to compel attendance of witness and production of documents)

rule 88 (proceedings in Scotland)

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