Flashcards in Rules for Proceedings Deck (23)
What defines a Calmant
A person who has is or treated as starting proceedings
What defines a defendant
A person who files a counterstatement
Objective of proceedings
Cases must be dealt with:
Ensure that the parties are on an equal footing
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
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
any post grant amendment to a patent during prosecution proceedings
The comptroller deems that no one could reasonably object
What is required to start proceedings
PF2 for starting proceedings or PF15 to oppose
a statement of grounds
What is the deadline for starting opposition proceedings and who can do so?
ANY person can start opposition proceedings
2 weeks of S75(2) amendment during infringment or revocation proceedings
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
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
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.
the PF2 start of proceedings or the PF15 start of opposition
for opposition proceedings the deadline for the applicant to file a counter statement
how long will the applicant have to file a counter statement
A period fixed by the comptroller normally 6 weeks
for oppositions begun in response to proceedings where a fixed period of 4 weeks is required.
What happens if no counter statement is filed?
It is assumed the applicant agrees with the claimants position!
What are the requirements if a document is refered to in a statement
The document must be included with the statement,
the statement is being made to the comptroller and he already has the document.
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
If he wishes to proceed the Claimant must file FP4 and pay a fee of £350
the comptroller will set deadlines for providing evidence (though may admit evidence at any time)
A hearing will occur should either party request it
The comptroller will circulate a decision in light of a hearing if it has been requested
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.
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
What powers does the Comptroller have during proceedings
The comptroller can:
Require documents to be filed or excluded
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
For what reasons might a comptroller throw out a statement of case?
A party requests for a statement of case to be thrown out
There is no merit to the grounds raised
It appears merely an abuse of process
The other party has failied to comply with part of the proceedings
When might a summary judgement be issued by the comptroller
A party requests a summary judgement
The Comptroller believes that either party has no real chance of winning
Who is permitted to be present at a hearing?
Hearings are Public
the application has not yet published
either party requests the hearing be private
The comptroller agrees having heard the opinions of all parties
When might security be requested from a party?
When they are a foreign entity of certain nationalities
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
What power does the Comptroller have over witnesses?
The comptroller has the power of a High Court Judge to compel the attendance of witnesses
Does not have the power to summarily punish for contempt
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)
What forms can evidence be submitted?
a statutory declaration
a witness statement including a statement of truth signed by the witness or their representetive