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Written evidence in support of circumstances in section 14(4), etc.

Patents Rules

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—(1) The written evidence filed under section 14(8) by an applicant for a patent must comply with the following requirements:(a)the written evidence must be by statutory declaration or affidavit, and must enclose all supporting documents;(b)where the applicant relies on the circumstances described in section 14(4)(c), the written evidence must —(i)state that the invention to which the applicant’s application relates was in fact displayed at an international exhibition;(ii)state the opening date of the exhibition and, where the first disclosure of the invention did not take place on that date, the date of the first disclosure; and(iii)enclose one or more supporting documents identifying the invention that was displayed at the exhibition;(c)where the applicant claims that the publication by a foreign intellectual property office of an application for an intellectual property right (being an application containing matter constituting the invention to which the applicant’s application relates), or a registration of an intellectual property right pursuant to such an application, was erroneous for a reason mentioned in section 14(6)(b) or (7)(b), the written evidence must enclose an acknowledgment from the foreign intellectual property office —(i)stating that the publication was erroneous and the reason for the publication being erroneous; and(ii)if section 14(7)(b) applies, stating the earliest date on which the publication ought to have been made under the law or treaty governing the application.(2) For the purposes of section 2(2), a statement may be published in the journal that an exhibition described in the statement falls within the definition of “international exhibition” in section 2(1).(3) In this rule, “foreign intellectual property office” has the same meaning as in section 14(11).

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