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Brief
Summary:
The Patents (Amendment) Rules 2005 (SI 2005/2496) revokes the Patents Rules 1995 (SI 1995/2093) and other instruments listed in Schedule 6. The rules make substantial changes to the drafting and effect of the Patents Rules 1995, particularly in Part 2, which includes provisions on international exhibitions, declarations of priority, mention of the inventor, form and content of applications, publication of the application, preliminary examination, search, and substantive examination.
Additionally, the rules make changes to Part 5, which relates to European patents (UK), replacing the Patents (Translations) Rules 2005 (SI 2005/687). Part 6 makes provisions for international applications for a patent (UK) under the Patent Co-operation Treaty. Part 7 governs proceedings heard before the comptroller, including an overriding objective, starting proceedings, and requirements for giving evidence and managing proceedings.
The rules also introduce miscellaneous provisions, including those on agents, corrections, address for service, translations, extension of periods of time, supplementary protection certificates, and publication of documents. Schedules 1 to 5 provide additional information on deposit of biological material, formal and other requirements, list of applications, reviews, and transitional provisions.
Key Changes:
Revocation of the Patents Rules 1995 (SI 1995/2093) and other instruments listed in Schedule 6
Substantial changes to the drafting and effect of the Patents Rules 1995
Introduction of new provisions for European patents (UK) in Part 5
Provisions for international applications for a patent (UK) in Part 6
Changes to Part 7 governing proceedings before the comptroller
Introduction of miscellaneous provisions and schedules
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