Patents Rules
Table of Contents
PRELIMINARY
1 Citation
2 Definitions
2A Definitions of examination, search and supplementary examination in Act
3 Fees
4 Forms
5 Costs
6 Assessment of costs
7 Assessment proceedings
8 Written evidence in support of circumstances in section 14(4), etc.
9 Declaration of priority for purposes of section 17(2)
9A Request to Registrar for permission to make late declaration under section 17(4)
9B Furnishing of application or file number and of priority documents to support declaration under section 17(2)
9C Translation of priority documents
RIGHT TO APPLY FOR AND OBTAIN A PATENT
10 References under section 20(1)(a)
11 References by co-proprietors under section 20(1)(b)
12 Orders under section 20
13 Prescribed period for new application under section 20(3)
14 Authorisation under section 20(5)
15 Request by joint applicants under section 22
16 Reference to Registrar under section 23
INVENTORS
17 Mention of inventor
18 Procedure where applicant is not inventor or sole inventor
APPLICATIONS FOR PATENTS
19 Application for grant of patent
19A Description of patent that discloses sequence
20 Micro-organisms
21 Drawings
22 Abstracts
23 Size and presentation of documents
24 Form of statements, counter-statements and evidence
25 Unity of invention
26 Certain matters prescribed under section 26
26A Missing parts
27 New applications under section 26(11)
28 Extension of period for filing new applications
29 Publication of applications
30 Completion of preparations for publication
PROCEDURE FOR GRANT
31 Address for service
32 (Deleted)
33 Formal requirements
34 Preliminary examination
35 (Deleted)
36 Request for search report
37 Request for search and examination report
38 Period for filing request for search report
39 (Deleted)
40 Minimum documentation for search
41 Prescribed patent offices
42 Request for examination report
42A Request for supplementary examination report
43 Period for filing request for search and examination report, request for examination report or request for supplementary examination report, etc.
44 (Deleted)
45 Search and examination procedure where 2 or more inventions claimed or new application filed under section 26(11)
45A Observation by third party on patentability
46 Written opinion of Examiner, etc.
46AA Invitation to amend
46A Review of examination report, etc.
47 Putting application in order
47A (Deleted)
48 Application for amendment before grant
49 Time for making amendments before grant
50 Certificate of grant
PATENTS AFTER GRANT
51 Renewal of patents
51A Extension of term of patent
52 Amendment of specification after grant
52A Re-examination after grant
53 Restoration of lapsed patent
53A (Deleted)
54 Surrender of patents
REGISTER AND OFFICIAL DOCUMENTS
55 Register of patents
56 Change of particulars
57 Application for registration of transaction, etc.
58 Request for correction of errors
58A Advertisement of and opposition to request for correction
59 Inspection of register, etc.
60 (Deleted)
61 Advertisement of matters contained in register
62 Entries in respect of right to a patent
62A Certificate of contested validity of patent
63 Certificates and copies supplied by Registrar
64 Orders or directions by court
ENTITLEMENT TO PATENT
65 Reference to Registrar of right to patent
66 Application for authorisation to carry out directions
67 Time limits for making new application
68 Request for licence to continue working new patent
69 Reference as to entitlement to grant of licence
LICENCES OF RIGHT
70 Entry in register of licence of right
71 Settlement of terms of licence of right
72 Cancellation of entry in register as to licence of right by proprietor
73 Cancellation of entry in register as to licence of right by third party
74 Procedure as to cancellation of entry in register as to licence of right
75 Action by Registrar on cancellation in register as to licence of right
INFRINGEMENT OF PATENTS
75A Particulars prescribed under section 66(4)
76
77 (Deleted)
78 (Deleted)
REVOCATION OF PATENTS
79 (Deleted)
80 Procedure on application for revocation
80A Material information prescribed under section 80(1)(f)(iii)
81 Procedure relating to preparation of re-examination report
82 Copies and conclusions of re-examination report
83 Award of costs on surrender of patent
84 Notification of an opportunity to amend
AMENDMENT OF PATENTS IN RE-EXAMINATION OR REVOCATION PROCEEDINGS
85 Procedure as to opposition to amendment
NATIONAL PROCESSING OF INTERNATIONAL APPLICATIONS
86 Treatment of international applications
HEARINGS, AGENTS AND CORRECTION OF ERRORS
87 Registrar’s discretionary powers
88 Request for hearing
88A Hearing and notice of attendance at hearing
88B Case management conference
89 Hearings in public
90 Where advocate and solicitor, patent agent, etc., appointed to act for party
91 Correction of errors in patents and applications
INFORMATION AND INSPECTION
92 Information about patents and patent applications
93 Inspection of documents
94 Confidential documents
95 Publication of bibliographic information
96 Request for information on unpublished patent applications
ELECTRONIC ONLINE SYSTEM
96A Establishment of electronic online system
96B Documents to be signed, made on oath, etc.
96C (Deleted)
96D (Deleted)
96E (Deleted)
96F (Deleted)
96G (Deleted)
96H Use of electronic online system to be in accordance with these Rules, etc.
96I (Deleted)
96J (Deleted)
96K (Deleted)
MISCELLANEOUS
97 Service of documents
98 Hours of business and excluded days
99 (Deleted)
100 Correction of irregularities
101 Dispensation by Registrar
102 Filing of evidence
103 Statutory declarations and affidavits
104 Admission of documents
105 Directions as to furnishing of documents
105A (Deleted)
106 Supporting statements or evidence
107 Appointment of scientific advisers by Registrar
108 Extension of time limits in general
108A Extension of time limits for proceedings before Registrar
108B Extension of time limits in special circumstances
109 Protection and compensation of persons affected by extension of time
110 Calculation of times or periods
111 Copies of documents
112 Translations
113 Publication and sale of documents
114 Patents Journal
115 Reports of cases
INTERNATIONAL APPLICATIONS
116 Filing of international applications
117 Fees for international applications
118 Certified copies
119 Fee currency
120 Modified application of Act and Rules to United Kingdom and European Patent Office applications
Legislative History