Statutory guidance

Amendments made 15 May 2018: Directions under section 123(2A) of the Patents Act 1977

Updated 6 March 2020

  1. The comptroller has made these Directions under section 123(2A) of the Patents Act 1977.

  2. These Directions come into force on 25 May 2018.

  3. The following Patents Forms as set out in the Schedule to these Directions are the forms whose use is required by the Patents Rules 2007 (SI 2007/3291), as amended:

    * Patents form 1 (Request for grant of patent)

    * Patents form AF1 (Pay the application fee if it has not already been paid with Form 1 or Form 9A)

    * Patents form 2 (Initiation of proceedings before the comptroller)

    * Patents form 3 (Late additions and declarations of priority)

    * Patents form 4 (Continuation of proceedings before the Comptroller)

    * Patents form 7 (Statement of inventorship and of right to grant of a patent)

    * Patents form 8 (Request for authorization of the release of sample biological material)

    * Patents form 8A (Notice of intention to restrict samples of biological material)

    * Patents form 9A (Request for search)

    * Patents form 10 (Request for a substantive examination)

    * Patents form 12 (Payment of renewal fee)

    * Patents form 14 (Request to reinstate a patent application)

    * Patents form 15 (Notice of opposition to proceedings before the Comptroller)

    * Patents form 16 (Application to restore a patent)

    * Patents form 17 (Request for opinion as to validity or infringement)

    * Patents form 20 (Request to correct a name or address)

    * Patents form 21 (Application to register or give notice of rights acquired in a patent or in an application for a patent)

    * Patents form 23 (Request for a certificate of the comptroller or a certified or uncertified copy from a file or the register)

    * Patents form 28 (Application by the proprietor of a patent for an entry to be made in the register that licences under the patent are available as of right)

    * Patents form 30 (Application by the proprietor of a patent to cancel an entry in the register that licences under the patent are available as of right)

    * Patents form 34 (Grant fee for patent application)

    * Patents form 49 (Request to be informed of future events relating to a patent application or patent (caveat))

    * Patents form 51 (Appointment or change of agent)

    * Patents form 52 (Request to extend a prescribed time limit)

    * Patents form 54 (Filing a translation in connection with a European patent or a European patent application)

    * Patents form NP1 (National processing of international patent (UK) application)

    * Patents form SP1 (Application for grant of a supplementary protection certificate)

    * Patents form SP2 (Payment of annual fees (and additional fee for late payment))

    * Patents form SP3 (Application for declaration of lapse or validity, or to revoke an extension of the duration of a supplementary protection certificate)

    * Patents form SP4 (Application for grant of an extension to a supplementary protection certificate)

  4. Patents Form 1, as so set out, replaces the corresponding form in the Schedule to the Directions made on 2 November 2010 (which came into force on 29 November 2010). The Directions made on 2 November 2010 are, to that extent, revoked.

  5. Patents Form AF1, 3, 7, 8, 8A, 16, 23, 49, NP1, SP2 and SP4, as so set out, replace the corresponding forms in the Schedule to the Directions made on 5 December 2007 (which came into force on 17 December 2007). The Directions made on 5 December 2007 are, to that extent, revoked.

  6. Patents Form 2 and 52 as so set out, replace the corresponding forms in the Schedule to the Directions made on 30 March 2009 (which came into force on 6 April 2009). The Directions made on 30 March 2009 are, to that extent, revoked.

  7. Patents Form 4, as so set out, replaces the corresponding form in the Schedule to the Directions made on 4 March 2010 (which came into force on 6 April 2010). The Directions made on 4 March 2010 are, to that extent, revoked.

  8. Patents Form 9A, 10, 15, 21 and 34 as so set out, replace the corresponding forms in the Schedule to the Directions made on 6 April 2018 (which came into force on 6 April 2018). The Directions made on 6 April 2018 are, to that extent, revoked.

  9. Patents Form 12 as so set out, replaces the corresponding form in the Schedule to the Directions made on 28 March 2017 (which came into force on 6 April 2017). The Directions made on 28 March 2017 are, to that extent, revoked.

  10. Patents Form 14, 20 and 51 as so set out, replace the corresponding forms in the Schedule to the Directions made on 1 October 2016 (which came into force on 1 October 2016). The Directions made on 1 October 2016 are, to that extent, revoked.

  11. Patents Form 17 as so set out, replaces the corresponding form in the Schedule to the Directions made on 10 September 2014 (which came into force on 1 October 2014). The Directions made on 10 September 2014 are, to that extent, revoked.

  12. Patents Form 28 and 30 as so set out, replace the corresponding forms in the Schedule to the Directions made on 1 June 2016 (which came into force on 1 June 2016). The Directions made on 1 June 2016 are, to that extent, revoked.

  13. Patents Form 54 as so set out, replaces the corresponding form in the Schedule to the Directions made on 18 April 2008 (which came into force on 1 May 2008). The Directions made on 18 April 2008 are, to that extent, revoked.

  14. Patents Form SP1 and SP3 as so set out, replace the corresponding forms in the Schedule to the Directions made on 13 February 2014 (which came into force on 1 April 2014). The Directions made on 13 February 2014 are, to that extent, revoked.

TIM MOSS
Comptroller-General of Patents, Designs and Trade Marks
15 May 2018