Regulation 80

An application to the Registrar for the revocation of a patent shall be made on Patents Form 35 and shall be accompanied by a statement setting out fully the grounds of revocation, including the facts upon which the applicant relies and the relief which he seeks.

The applicant shall, at the time the application and the statement are filed, serve on the proprietor of the patent a copy of the application and a copy of the statement.

Within 3 months from the date of receipt of the copies of the application and statement, the proprietor of the patent, if he wishes to contest the application, shall file a counter-statement on Form HC6 setting out fully the grounds upon which the application is contested and he may, at the same time file an amendment of the specification of the patent in accordance with section 83, and shall at the same time send a copy of the amendment (if any) and the counter-statement to the applicant.

In the case of an application for revocation of the patent specifying a ground mentioned in section 80(1), the application for the revocation of the patent must be granted if the proprietor of the patent fails to file the counter-statement in accordance with paragraph (3).

An order for the revocation of a patent made under paragraph (4) may be set aside by the Registrar, on the application of the proprietor of the patent, on any terms that the Registrar thinks fit.

An application under paragraph (4A) must be made within 14 days after the date of the Registrar’s notification of the order for the revocation of the patent made under paragraph (4).

The applicant may, within 3 months from the date of receipt of the copy of the amendment (if any) and the counter-statement, file evidence as he may desire to adduce in support of his case and shall at the same time send a copy of that evidence to the proprietor.

If the applicant files no evidence in accordance with paragraph (5), he shall, unless the Registrar otherwise directs, be deemed to have abandoned his application.

If the applicant files evidence in accordance with paragraph (5), then, within 3 months from the date of receipt of the copy of the applicant’s evidence, the proprietor of the patent may file evidence as he desires to adduce in support of his case and shall at the same time send a copy of that evidence to the applicant.

Within 3 months from the date of receipt by the applicant of the copy of the proprietor’s evidence, the applicant may file further evidence confined to matters strictly in reply and shall at the same time send a copy of that evidence to the proprietor.

No further evidence shall be filed by either party, but in any proceedings before the Registrar, he may at any time, if he thinks fit, give permission to either party to file any evidence upon such terms as to costs or otherwise as he may think fit.

The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for the application.