Page 1197 - IOM Law Society Rules Book

PART 13: SPECIAL TYPES OF CLAIM

(b) declines to deal with an application under section 40(5) of the 1977 Act; or
(c) certifies under section 72(7)(b) of the 1977 Act that the court should
determine the question whether a patent should be revoked,
any person seeking the court’s determination of that question or application must issue a
claim form within 14 days of the Comptroller’s decision.
8. Application by employee for compensation (63.12, PD63.13)

(1) An application by an employee for compensation under section 40(1) or (2)
of the 1977 Act must be made —
(a) in a claim form; and
(b) within the period prescribed by paragraphs (2) and (3).
(2) The prescribed period begins on the date of the grant of the patent and ends
one year after the patent has ceased to have effect.
(3) Where a patent has ceased to have effect as a result of failure to pay the
renewal fees within the period prescribed under rule 39 of the Patents Rules 1995, and an
application for restoration is made to the Comptroller under section 28 of the 1977 Act, the
period prescribed under paragraph (2) —
(a) if restoration is ordered, continues as if the patent had remained continuously
in effect; or
(b) if restoration is refused, is treated as expiring one year after the patent ceased
to have effect, or six months after the refusal, whichever is the later.
(4) On the application the court shall give directions as to —
(a) the manner in which the evidence, including any accounts of expenditure and
receipts relating to the claim, is to be given at the hearing of the claim and if
written evidence is to be given, specify the period within which witness
statements or affidavits must be filed; and
(b) the provision to the claimant by the defendant or a person deputed by him, of
reasonable facilities for inspecting and taking extracts from the accounts by
which the defendant proposes to verify the accounts in (a) or from which
those accounts have been derived.
9. Order affecting entry in the register of patents or designs (PD63.15)

(1) Where any order of the court affects the validity of an entry in the register,
the court and the party in whose favour the order is made, must serve a copy of such order on
the Comptroller within 14 days.
(2) Where the order is in favour of more than one party, a copy of the order must
be served by such party as the court directs.
10. Claim for rectification of the register of patents or designs (PD63.16)

(1) Where a claim is made for the rectification of the register of patents or
designs, the claimant must at the same time as serving the other parties, serve a copy of —
(a) the claim form; and
(b) accompanying documents
on the Comptroller or registrar, as appropriate.
(2) Where documents are served on the Comptroller or registrar under sub-
paragraph (1), he shall be entitled to take part in the proceedings.

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