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Flashcards in Rules for Proceedings Deck (23)
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1

What defines a Calmant

A person who has is or treated as starting proceedings

2

What defines a defendant

A person who files a counterstatement

3

Objective of proceedings

Cases must be dealt with:
Ensure that the parties are on an equal footing
cost effectively
in proportion to
- the amount of money involved
- the seriousness of the case
- the complexity of the issues
- The financial position of each party
Quickly and fairly

4

What is the Comptroller required to advertise

in the OJ Any event that it is possible to object to under the provisions of the rules
INCLUDING
any post grant amendment to a patent during prosecution proceedings
UNLESS
The comptroller deems that no one could reasonably object

5

What is required to start proceedings

IN DUPLICATE
PF2 for starting proceedings or PF15 to oppose
AND
a statement of grounds

6

What is the deadline for starting opposition proceedings and who can do so?

ANY person can start opposition proceedings
WITHIN
2 weeks of S75(2) amendment during infringment or revocation proceedings
OR
WITHIN
4 weeks of any other opposition that starts proceedings SH3 pt 2

S29(2) oppposition to surrender of a patent 4 weeks
S47(6) opposition to cancellation of a license as of right 2 months
S117(2) opposition to correction of an error in patents and applications ??months

Opposition of grant of a license of right S46 is not included in R76 - 2 months

7

What must be included in a statement of grounds?

A concise statement of facts and grounds
specify the remedy sought
be verified by a statement of truth
Submitted on clean A4 white paper suitable for copying

8

What are the notification requirements for proceedings sarting

The comptroller will notify the applicant and the claimant and any further parties likely to have an interest that proceedings have started.
INCLUDING
the PF2 start of proceedings or the PF15 start of opposition
AND
for opposition proceedings the deadline for the applicant to file a counter statement

9

how long will the applicant have to file a counter statement

A period fixed by the comptroller normally 6 weeks
UNLESS
for oppositions begun in response to proceedings where a fixed period of 4 weeks is required.

10

What happens if no counter statement is filed?

It is assumed the applicant agrees with the claimants position!

11

What are the requirements if a document is refered to in a statement

The document must be included with the statement,
UNLESS
the statement is being made to the comptroller and he already has the document.

12

After the counter statement has been filed what occurs

The comptroller sends a copy to the claimant and sets a deadline for the claimant to elect to continue with proceedings
THEN
If he wishes to proceed the Claimant must file FP4 and pay a fee of £350
AND
the comptroller will set deadlines for providing evidence (though may admit evidence at any time)
THEN
A hearing will occur should either party request it
THEN
The comptroller will circulate a decision in light of a hearing if it has been requested

13

Is there any flexibility in time periods during procedings?

The comptroller may extend any time limit during proceedings as he sees fit. This is not a right.

14

What is the penalty for not filing PF4

If the client is late filing the request to proceed then he will be considered to have withdrawn from proceedings

15

What powers does the Comptroller have during proceedings

The comptroller can:
Require documents to be filed or excluded
request translations
direct evidence and how it is submitted
summon a party or representative to attend hearings
Consolidate or split proceedings
suspend proceedings or refer parties to arbitration
The comptroller can impose conditions on proceedings and the consequence of failing to abide by these conditions

16

For what reasons might a comptroller throw out a statement of case?

A party requests for a statement of case to be thrown out
AND
There is no merit to the grounds raised
OR
It appears merely an abuse of process
OR
The other party has failied to comply with part of the proceedings

17

When might a summary judgement be issued by the comptroller

A party requests a summary judgement
AND
The Comptroller believes that either party has no real chance of winning

18

Who is permitted to be present at a hearing?

Hearings are Public
UNLESS
the application has not yet published
OR
either party requests the hearing be private
AND
The comptroller agrees having heard the opinions of all parties

19

When might security be requested from a party?

When they are a foreign entity of certain nationalities
OR
there is a possibility that the party may not pay e.g. They have financial difficulties or are behaving erratically or are of questionable history

20

What power does the Comptroller have over witnesses?

The comptroller has the power of a High Court Judge to compel the attendance of witnesses
HOWEVER
Does not have the power to summarily punish for contempt

21

What is the default for of submitting evidence?

Witness statement including a statement of truth signed by the witness or their representative (in the statement of case)

22

What forms can evidence be submitted?

An affidavit
a statutory declaration
a witness statement including a statement of truth signed by the witness or their representetive

23

Under proceedings under S46 regarding licences of right what is required to start proceedings by a third party?

They must file a PF2
AND
a draft of the proposed license of right