Section 74a

Opinions on matters prescribed in the rules1

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74A.-(1) The proprietor of a patent or any other person may request the comptroller to issue an opinion on a prescribed matter2 in relation to the patent.

(2) Subsection (1) above applies even if the patent has expired or has been surrendered.

(3) The comptroller shall issue an opinion if requested to do so under subsection (1) above, but shall not do so -

  • (a) in such circumstances as may be prescribed, or
  • (b) if for any reason he considers it inappropriate in all the circumstances to do so.


(4) An opinion under this section shall not be binding for any purposes.

(5) An opinion under this section shall be prepared by an examiner.

(6) In relation to a decision of the comptroller whether to issue an opinion under this section -

  • (a) for the purposes of section 101 below, only the person making the request under subsection (1) above shall be regarded as a party to a proceeding before the comptroller; and
  • (b) no appeal shall lie at the instance of any other person.

Notes:
See here for guidance on expansion of the Patent Opinions Service as from 1 October 2014.
Manual of Patent Practice
Requests for opinions
Opinions may be requested and considered under Rules 92 to 100.
Request can not be considered confidential under Rule 53.
Whole or part of request fee may be reimbursed under Rule 106(4)
Frivolous or vexatious requests may be refused, or if the question has already been considered in proceedings (Rule 94).

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