The Patents (Amendment) Rules 2007

• Citation: S.I. 2007/677
• Sections: 6

Section 1

These Rules may be cited as the Patents (Amendment) Rules 2007 and they come into force on 1st April 2007.

Section 2

The Patents Rules 1995 are amended as follows.

Section 3 Late declaration of priority for international application for a patent ( UK )

(1) Rule 6A (request to the comptroller for a late declaration) is amended as follows.

(2) After paragraph (1) insert—

(1A) Subject to rule 85(3A), a request under section 5(2B) may only be made before the end of the period allowed under section 5(2A)(b).

(3) For paragraph (2) substitute—

(2) A request under section 5(2B) shall be—

(a) made on Form 3/77; and

(b) supported by evidence of why the application in suit was not filed before the end of the period allowed under section 5(2A)(a).

(2A) Such a request may only be made where—

(a) the condition in paragraph (3) is met; or

(b) the request is made in relation to an international application for a patent (UK).

(4) Rule 85 (international applications for patents) is amended as follows.

(5) After paragraph (3) insert—

(3A) Where an international application for a patent (UK) has begun the national phase, a request may be made under section 5(2B) before the end of the period of 1 month beginning with the date the national phase of the application begins.

(6) The amendments made by this rule shall not apply to any international application for a patent (UK) which began the national phase of the application before the coming into force of these Rules.

Section 4 Removing requirement to file duplicates in respect of patent applications

(1) Rule 20 (size and presentation of documents) is amended as follows—

(a) paragraph (2) is revoked;

(b) in paragraph (16), for “(2)” substitute “(3)”.

(2) What is now rule 112 (copies of documents) shall become paragraph (1) of rule 112, and after that paragraph insert—

(2) A specification filed under rule 40(8), 53(ii), 77(2) or 78(5) shall be filed in duplicate.

(3) The amendments made by this rule shall not apply to any application for a patent filed before 26 June 2006.

Section 5 Removing restriction on inspection of newly filed documents

(1) In rule 93 (inspection of documents), paragraph (4)(a) is revoked.

(2) In rule 94 (confidential documents), paragraph (5) is revoked.

(3) The amendments made by this rule shall not apply to any document filed at the Patent Office before the coming into force of these Rules.

Section 6 Alteration of time limits

In Schedule 4A, Part 1, after “rule 82(1) (request from a foreign industrial property office for a direction under section 81)” insert—

rule 85(3A) (international applications for patents)