evidence. 36. Within 14 days from the delivery of such list the Applicant's applicant shall leave at the Patent Office statutory declarations in answer, and deliver to the opponent a list thereof, and within seven days from such delivery the opponent shall leaveat the Patent Office his statutory declarations in reply, Evidence in and deliver to the applicant a list thereof. Such last-mentioned declarations shall be confined to matters strictly in reply. Copies of the declarations mentioned in this and the last preceding Rule may be obtained either from the Patent Office or from the opposite party. reply. evidence. 37. No further evidence shall be left on either side except Closing of by leave of the Comptroller upon the written consent of the parties duly notified to him, or by special leave of the Comptroller on application made to him for that purpose. 38. Either party making such application shall give notice thereof to the opposite party, who shall be entitled to oppose the application. hearing. 39. On the completion of the evidence the Comptroller Notice of shall appoint a time for the hearing of the case, and shall give to the parties seven days' notice at the least of such appointment. certain cases. 40. On the hearing of the case no opposition shall be Disallowance of allowed in respect of any ground not stated in the notice of opposition in opposition, and where the ground or one of the grounds is that the invention has been patented in this country on an application of prior date, the opposition shall not be allowed upon such ground unless the title, number, and date of the patent granted on such prior application shall have been duly specified in the notice of opposition. 41. The decision of the Comptroller in the case shall be Decision to be notified by him to the parties. CERTIFICATES OF PAYMENT OR RENEWAL. notified to parties. of £50 and £100 42. If a patentee intends at the expiration of the fourth or Payment of fees eighth year from the date of his patent to make the prescribed for continuance payment for keeping the same in force, he shall seven days at of patent least before such expiration give notice to the Comptroller of such intention, and shall, before the expiration of such fourth or eighth year, as the case may be, leave at the Patent Office a form of certificate of payment, duly stamped, subject as hereinafter provided, with the prescribed fee of £50 or £100, as the case may be. (See Form J.) As to patents 43. In the case of patents granted before the commence- granted before ment of the said Act, the above Rule shall be read as if the of Act. commencement M Payment of annual fees in lieu of £50 and £100. Certificate of payment. Enlargement time for payments. In other cases. Request for Advertisement. words "seventh year" were therein written instead of the words "eighth year." 44. If the patentee intends to pay annual fees in lieu of the above-mentioned fees of £50 and £100, he shall seven days at least before the expiration of the fourth and each succeeding year during the term of the patent, until and inclusive of the thirteenth year thereof, give notice to the Comptroller of such intention, and shall, before the expiration of such respective periods as aforesaid, leave at the Patent Office a form of certificate of payment, duly stamped with the fee prescribed to be paid at such periods respectively. 45. On due compliance with these Rules, and as soon as may be after such respective periods as aforesaid, or any enlargement thereof respectively duly granted, the Comptroller shall give to the patentee a certificate that the prescribed payment has been duly made. ENLARGEMENT OF TIME. 46. An application for an enlargement of the time for making a prescribed payment shall state in detail the circumstances in which the patentee by accident, mistake, or inadvertence has failed to make such payment, and the Comptroller may require the patentee to substantiate by such proof as he may think necessary the allegations contained in the application for enlargement. (See Form K.) 47. The time prescribed by these Rules for doing any act, or taking any proceeding thereunder, may be enlarged by the Comptroller if he think fit, and upon such notice to other parties, and proceedings thereon, and upon such terms, as he may direct. AMENDMENT OF SPECIFICATION. 48. A request for leave to amend a specification shall be leave to amend. signed by the applicant or patentee and accompanied by a copy of the original specification and drawings, showing in red ink the proposed amendment, and shall be advertised by publication of the request and the nature of the proposed amendment in the official journal of the Patent Office, and in such other manner (if any) as the Comptroller may in each case direct. (See Form F.) Notice of opposition. 49. A notice of opposition to the amendment shall state the ground or grounds on which the person giving such notice (hereinafter called the opponent) intends to oppose the amendment, and shall be signed by him. Such notice shall state his address for service in the United Kingdom. (See Form G.) 50. On receipt of such notice a copy thereof shall be Copy for the applicant. furnished by the Comptroller to the applicant or patentee, as the case may be (hereinafter called the applicant.) evidence. 51. Within fourteen days after the expiration of one month Opponent's from the first advertisement of the application for leave to amend, the opponent shall leave at the Patent Office statutory declarations in support of his opposition and deliver to the applicant a list thereof. ceedings. 52. Upon such declarations being left, and such list being Further prodelivered, the provision of Rules 36 37, 38, and 39 shall apply to the case, and the further proceedings therein shall be regulated in accordance with such provisions as if they were here repeated. 53. The decision of the Comptroller in the case shall be Decision to be notified by him to the parties. notified to 54. Where leave to amend is given the applicant shall, if Requirements the Comptroller so require, and within a time to be limited thereon., by him, leave at the Patent Office a new specification and drawings as amended, to be prepared in accordance with Rules 10, 28, and 29. of Court. 55. Where a request for leave to amend is made by or in Leave by Order pursuance of an order of the Court or a judge, an official or verified copy of the order shall be left with the request at the Patent Office. of amendment. 56. Every amendment of a specification shall be forthwith Advertisement advertised by the Comptroller in the official journal of the Patent Office, and in such other manner (if any) as the Comptroller may direct. COMPULSORY LICENSES. pulsory grant of 57. A petition to the Board of Trade for an order upon a Petition for compatentee to grant a license shall show clearly the nature of licenses. the petitioner's interest, and the ground or grounds upon which he claims to be entitled to relief, and shall state in detail the circumstances of the case, the terms upon which he asks that an order may be made, and the purport of such order. (See Forms H and Hr.) evidence at 58. The petition and an examined copy thereof shall be To be left with left at the Patent Office, accompanied by the affidavits, or Patent Office. statutory declarations, and other documentary evidence (if any) tendered by the petitioner in proof of the alleged default of the patentee. Directions as to further pro ceedings unless petition refused. Procedure. Petitioner's evidence. Patentee's evidence. Evidence in reply. Further proceedings. Entry of grant. Request for entry of subsequent proprietorship. Signature of request. 59. Upon perusing the petition and evidence, unless the Board of Trade shall be of opinion that the order should be at once refused, they may require the petitioner to attend before the Comptroller, or other person or persons appointed by them, to receive his or their directions as to further proceedings upon the petition. 60. If and when a prima facie case for relief has been made out to the satisfaction of the Board of Trade, the petitioner shall upon their requisition, and on or before a day to be named by them, deliver to the patentee copies of the petition and of the affidavits or statutory declarations and other documentary evidence (if any) tendered in support thereof. 61. Within 14 days after the day of such delivery the patentee shall leave at the Patent Office his affidavits or statutory declarations in opposition to the petition, and deliver copies thereof to the petitioner. (See Form I.) 62. The petitioner within 14 days from such delivery shall leave at the Patent Office his affidavits, or statutory declarations in reply, and deliver copies thereof to the petitioner ; such last-mentioned affidavits or declarations shall be confined to matters strictly in reply. 63. Subject to any further directions which the Board of Trade may give the parties shall then be heard at such time, before such person or persons, in such manner, and in accordance with such procedure as the Board of Trade may, in the circumstances of the case, direct, but so that full opportunity shall be given to the patentee to show cause against the petition. REGISTER OF PATENTS. 64. Upon the sealing of a patent the Comptroller shall cause to be entered in the Register of Patents the name, address, and decription of the patentee as the grantee thereof and the title of the invention. 65. Where a person becomes entitled to a patent or to any share or interest therein, by assignment either throughout the United Kingdom and the Isle of Man, or for any place or places therein, or by transmission or other operation of law, a request for the entry of his name in the register as such complete or partial proprietor of the patent, or of such share or interest therein, as the case may be, shall be addressed to the Comptroller, and left at the Patent Office. (See Form L.) 66. Such request shall in the case of individuals be made and signed by the person requiring to be registered as proprietor, or by his agent duly authorised to the satisfaction of the Comptroller, and in the case of a body corporate by their agent, authorised in like manner. 67. Every such request shall state the name, address, and Particulars to be description of the person claiming to be entitled to the stated in request. patent, or to any share or interest therein, as the case may be (hereinafter called the claimant), and the particulars of the assignment, transmission, or other operation of law, by virtue of which he requires to be entered in the register as proprietor, so as to show the manner in which, and the person or persons to whom, the patent, or such share or interest therein as aforesaid, has been assigned or transmitted. documents of 68. Every assignment and every other document contain- Production of ing, giving effect to, or being evidence of, the transmission of a title and other patent or affecting the proprietorship thereof as claimed by proof. such request, except such documents as are matters of record, shall be produced to the Comptroller, together with the request above prescribed, and such other proof of title as he may require for his satisfaction. As to a document which is a matter of record, an official or certified copy thereof shall in like manner be produced to the Comptroller. Patent Office. 69. There shall also be left with the request an examined Copies for copy of the assignment or other document above required to be produced. As to a document which is a matter of record, an official or certified copy shall be left with the request in lieu of an examined copy. 70. A body corporate may be registered as proprietor by Body corporate. its corporate name. Council or of the 71. Where an order has been made by Her Majesty in Entry of Orders Council for the extension of a patent for a further term or for of the Privy the grant of a new patent, or where an order has been made Court. by the Court for the revocation of a patent or the rectification of the register under section 90 of the said Act or otherwise affecting the validity or proprietorship of the patent, the person in whose favour such order has been made shall forthwith leave at the Patent Office an office copy of such order. The register shall thereupon be rectified or the purport of such order shall otherwise be duly entered in the register, as the case may be. (Form S.) of fees on issue of certificate. 72. Upon the issue of a certificate of payment under Rule Entry of payment 45, the Comptroller shall cause to be entered in the Register of Patents a record of the amount and date of payment of the fee on such certificate. |