Statutory guidance

Amendments made 30 March 2009: patents forms 2, 15, 21 and 52

Updated 6 March 2020

1. Directions under section 123(2A) of the Patents Act 1977

1.1 Patents forms 2, 15, 21 and 52

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


2. These directions set out some changes to the forms whose use is required by rules.


3. These directions come into force on 6 April 2009.


4. The following patents forms as set out in the Schedule to these directions are the forms the use of which is required by the Patents Rules 2007 (SI 2007/3291):
   
   - Patents form 2 (Initiation of proceedings before the Comptroller)
   - Patents form 15 (Notice of opposition)
   - Patents form 21 (Application to register or give notice of rights acquired in a patent or in an application for a patent)
   - Patents form 52 (Request to extend a prescribed time limit)


5. Patents forms 2, 15, 21 and 52, 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.

Sean Dennehey
Assistant Comptroller and Director of Patents
Acting for the Comptroller-General of Patents, Designs and Trade Marks
30 March 2009

2. Guidance and notes on the directions given under section 123(2A)

2.1 Patents forms 2, 15, 21 and 52

(a) These notes are not part of the directions. They are intended to provide background and additional information.

(b) The Interpretation Act 1978 applies to these directions. Therefore, all the definitions set out in the Patents Act apply to these directions. Further, amongst other things, generally any words importing the masculine gender include the feminine and words in the singular include the plural and words in the plural include the singular.

(c) Section 123(2A) of the Patents Act allows the comptroller to give directions specifying any forms the use of which is required by the Patents Rules.

(d) Patents forms 2, 15, 21 and 52 have been revised as set out below.

2.2 Form 2 (Initiation of proceedings before the Comptroller)

(e) Part 6 has been amended to allow an address for service in the European Economic Area or Channel Islands to be provided. This reflects changes to the Patents Rules which come into force on 6 April 2009. A related note (f) has been added to the guidance notes to inform that, although an address for service in the Channel Islands may be provided, any appointed agent must reside or have a place of business in the European Economic Area or Isle of Man.

(f) Part 4 has been amended to clarify that names and addresses of all those initiating proceedings need to be provided.

(g) Part 7 and guidance note (i) (old note (h)) have been amended to clarify that if two or more professionally unrepresented claimants wish to initiate proceedings before the Comptroller, each of them needs to sign the form.

(h) Part 8 has been amended to remove the reference to ‘the applicant’, to avoid confusion with the patent applicant/proprietor.

2.3 Form 15 (Notice of opposition)

(i) Part 6 has been amended to allow an address for service in the European Economic Area or Channel Islands to be provided. This reflects changes to the Patents Rules which come into force on 6 April 2009. A related note (e) has been added to the guidance notes to inform that, although an address for service in the Channel Islands may be provided, any appointed agent must reside or have a place of business in the European Economic Area or Isle of Man.

(j) Part 8 has been amended to remove the reference to ‘the applicant’, to avoid confusion with the patent applicant/proprietor.

2.4 Form 21 (Application to register or give notice of rights acquired in a patent or in an application for a patent)

(k) Part 4 has been amended to require the name and address of the or of each person acquiring the rights.

(l) Note (e) has been amended to remove the reference to ‘the person(s) making this application’ in light of the changes made to part 4, and has further been amended to clarify the circumstances under which documentary evidence should be provided.

(m) Note (e) has been appended to inform the person(s) completing the form that any documents filed will be subject to destruction in due course, and to advise that original documents are not required as photocopies are sufficient.

2.5 Form 52 (Request to extend a prescribed time limit)

(n) Part 5 has been amended to clarify that a time period to be extended may be provided in that part of the form.

(o) All of the UK patents forms (and information about associated fees) are available on our website.

(p) Any queries about these directions should be addressed to:

Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom

Telephone: +44(0)30 0300 2000
Telephone: +44(0)16 3381 4000
Minicom: +44(0)30 0020 0015