Copyright, Designs and Patents Act, 1988. Chapter 48.

  • Great Britain.
Date:
1988
Catalogue details

Licence: Open Government Licence

Credit: Copyright, Designs and Patents Act, 1988. Chapter 48. Source: Wellcome Collection.

    237/256 (page 221)
    service of the Crown) and section 69 (infringement of rights conferred by publication) the application, not having been published under this Act, shall be treated as published under (a) if it is published in accordance with the Treaty in English, on its being so published; and (b) if it is so published in a language other than English— (i) on the publication of a translation of the application in accordance with section 89A(6) above, or into English of the specification of the application on the government department concerned or, as the case may be, on the person committing the infringing act. The reference in paragraph (b)(ii) to the service of a translation on a government department or other person is to its being sent by post or delivered to that department or person. (4) During the international phase of the application, section 8 above does not apply (determination of questions of entitlement in relation to application under this Act) and section 12 above (determination of entitlement in relation to foreign and convention patents) applies notwithstanding the application; but after the end of the international phase, section 8 applies and section 12 does not. (5) When the national phase begins the comptroller shall refer the application for so much of the examination and search under section 17 and 18 above as he considers appropriate in view of any examination or search carried out under the Treaty.”’. Proceedings before the court or the comptroller insert— “Power of Patents Court to order report. Power of Court of Session to order report. 99A.—(1) Rules of court shall make provision empowering the Patents Court in any proceedings before it under this Aci, on or without the application of any party, to order the Patent Office to inquire into and report on any question of fact or opinion. (2) Where the court makes such an order on the application of a party, the fee payable to the Patent Office shall be at such rate as may be determined in accordance with rules of court and shall be costs of the proceedings unless otherwise ordered by the court. (3) Where the court makes such an order of its own motion, the fee payable to the Patent Office shall be at such rate as may be determined by the Lord Chancellor with the approval of the Treasury and shall be paid out of money provided by Parliament. 99B.—(1) In any proceedings before the Court of Session under this Act the court may, either of its own volition or on the application of any party, order the Patent Office to inquire into and report on any question of fact or opinion. IST I Cr dp