The Patents, Trade Marks and Designs (Address For Service and Time Limits, etc) Rules 2006

JurisdictionUK Non-devolved
CitationSI 2006/760

2006No. 760

INTELLECTUAL PROPERTY

The Patents, Trade Marks and Designs (Address For Service and Time Limits, etc) Rules 2006

14thMarch2006

15thMarch2006

6thApril2006

The Secretary of State, in exercise of the powers conferred by sections 123 of the Patents Act 1977 1, section 78 of the Trade Marks Act 1994 2, section 36 of the Registered Designs Act 1949 3 and section 250 of the Copyright, Designs and Patents Act 1988 4 makes the following Rules:

Citation and commencement

1.These Rules may be cited as the Patents, Trade Marks and Designs (Address For Service and Time Limits, etc) Rules 2006 and shall come into force on 6th April 2006.

Amendment of the Design Right (Proceedings Before Comptroller) Rules 1989

2.The Design Right (Proceedings Before Comptroller) Rules 1989 5 shall be amended as follows.

3.-

(1) Rule 23 (service and translation of documents) shall be amended as follows.

(2) In paragraph (1) the words "in the United Kingdom" shall be omitted.

(3) After paragraph (1) there shall be inserted-

(1A) The address for service shall be an address in the United Kingdom, unless in a particular case the comptroller otherwise directs..

Amendment of the Patents Rules 1995

4.The Patents Rules 1995 6 shall be amended as follows.

5.In rule 2 (interpretation) after the entry for "declared priority date" there shall be inserted-

"EEA State" means a member State, Iceland, Liechtenstein or Norway;.

6.For rule 30 there shall be substituted-

Address for service

30.-

(1) For the purposes of any proceeding under the Act or these Rules, an address for service shall be filed by-

(a) an applicant for the grant of a patent;(b) a person who makes any other application or reference, or gives any notice of opposition, under the Act;(c) any person opposing such an application, notice or reference.

(2) The proprietor of a patent, or any person who has registered any right in or under a patent or application, may file an address for service by notifying the comptroller.

(3) Where a person has provided an address for service under paragraph (1) or (2), he may substitute a new address for service by notifying the comptroller.

(4) An address for service filed under paragraph (1)(a) or (2) shall be an address in the United Kingdom, another EEA State or the Channel Islands.

(5) An address for service filed under paragraph (1)(b) or (c) shall be an address in the United Kingdom, unless in a particular case the comptroller otherwise directs.

Failure to provide an address for service

30A.-

(1) Where-

(a) a person has failed to file an address for service under rule 30(1); and(b) the comptroller has sufficient information enabling him to contact that person,

the comptroller shall direct that person to file an address for service.

(2) Where a direction has been issued under paragraph (1), the person directed shall, before the end of the period of 2 months beginning with the date of the direction, file an address for service.

(3) Paragraph (4) applies where-

(a) a direction was given under paragraph (1) and the period prescribed by paragraph (2) has expired; or(b) the comptroller had insufficient information to give a direction under paragraph (1),

and the person has failed to provide an address for service.

(4) Where this paragraph applies-

(a) in the case of an applicant for the grant of a patent, the application shall be treated as withdrawn; and(b) in the case of a person mentioned in rule 30(1)(b), his application, reference or notice of opposition shall be withdrawn; and(c) in the case of a person mentioned in rule 30(1)(c), he shall be deemed to have withdrawn from the proceedings.

(5) In this rule an "address for service" means an address which complies with the requirements of rule 30(4) or (5)..

7.In rule 31 (formal requirements), in paragraph (1) the words "and 30(1)(a)" shall be omitted.

8.For rule 111 there shall be substituted-

Interrupted Days

111.-

(1) The comptroller may certify any day as an interrupted day where-

(a) there is an event or circumstance causing an interruption in the normal operation of the Patent Office; or(b) there is a general interruption or subsequent dislocation in the postal services of the United Kingdom.

(2) The comptroller shall, where the time for doing anything under the Act or these Rules expires on an interrupted day, extend that time to the next following day not being an interrupted day (or an excluded day).

(3) Any certificate of the comptroller given under paragraph (1) shall be posted in the Patent Office and advertised in the Journal.

(4) In this rule-

"excluded day" means a day specified as an excluded day in directions given under section 120 7; and

"interrupted day" means a day which has been certified as such under paragraph (1).

Delays in communication services

111A.-

(1) The comptroller shall extend any period of time specified in the Act or these Rules where he is satisfied that the failure to do something under the Act or these Rules was wholly or mainly attributable to a delay in, or failure of, a communication service.

(2) Any extension under paragraph (1) shall be-

(a) made after giving the parties such notice, and(b) subject to such conditions,

as the comptroller may direct.

(3) In this rule "communication service" means a service by which documents may be sent and delivered and includes post, facsimile, email and courier..

9.In Schedule 4A (alteration of time limits), in Part 4 after the entry for...

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