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xxvi Patents and Designs Journal No. 5940 26 March 2003 Notices - cont Setting out the amendments Enquiries (vi) We would encourage applicants to use conventional word processing features such as markup, coloured text and strikeout/strikethrough to set out the amendments on the original version of the text in a way that makes it easy for the reader to appreciate the changes. 14. Enquiries concerning this notice should be directed to: Sue Williams Room 3Y52, Concept House Cardiff Road Newport, South Wales NP10 8QQ Tel: +44(0)1633 814736 Fax: +44(0)1633 814491 e-mail: sue.williams@patent.gov.uk Tribunal Practice Notice 1/2003: Appeals to the Court from the Comptroller Introduction 1. The Civil Procedure (Amendment No 2) Rules 2002 (SI No 2002/3219) will enter into force on 1 April 2003. These Rules will provide a new Part 63 of the Civil Procedure Rules 1998 governing intellectual property proceedings, entitled “Patents and Other Intellectual Property Claims”. Part 63, together with a supplementary Practice Direction, will supersede Practice Direction 49E. The SI, Part 63 and the Practice Direction are available from The Stationery Office. They are also published on the Lord Chancellor’s Department website www.lcd.gov.uk (go to “Civil Procedure Rules”, and then to “Statutory Instruments” and “Rules and Practice Directions”). 2. The specific provisions for patent and trade mark appeals in sections 16 and 23 respectively of Practice Direction 49E will therefore no longer apply. By virtue of new rule 63.17, all appeals to the court from the comptroller will be governed by Part 52 of the Civil Procedure Rules. Patent appeals (which include supplementary protection certificate appeals by virtue of rule 63.1(2)(e)) are to be made to the Patents Court, and other appeals to the Chancery Division. Any document required by Part 52 to be served must also be served on the comptroller. (References to the comptroller in this Notice include the registrar of trade marks and registered designs.) 3. These changes will affect the procedure for appeals from 1 April 2003 as regards: · the period to file the notice of appeal at the court; · extension of that period; and · the nature of the appeal.
26 March 2003 Patents and Designs Journal No. 5940 xxvii Notices - cont 4. The new Rules apply only to the courts in England and Wales. They do not apply to appeals to the Appointed Person and to the Registered Designs Appeal Tribunal. The position concerning these appeals is explained at paragraphs 12 and 13 below. Period for appeal: CPR rule 52.4 5. The automatic periods prescribed by sections 16.3 and 23.3 of Practice Direction 49E (14 days for matters of procedure and six weeks in other cases for patent appeals, and 28 days for trade mark appeals) are abolished. In accordance with rule 52.4(2), notice of appeal must be filed within 14 days of the decision in all cases unless the comptroller directs a different period. 6. To avoid any doubt, the hearing officer acting for the comptroller will usually, as part of his or her decision, either confirm the 14 day period or direct a different period. If the decision does not state a period, it will be 14 days. It will no longer be necessary in patent proceedings for the hearing officer to determine whether the decision relates to a matter of procedure. 7. In deciding the appropriate period for appeal, the comptroller will reflect the policy of the courts (which is explained in “Civil Procedure” at paragraph 52.4.1). It is expected that a period of 14 days will be appropriate in most cases. Only for good reasons will the comptroller be prepared to allow a longer period, and it is most unlikely that this would exceed 28 days. Exceptionally, a period less than 14 days may be directed where time is of the essence. In appropriate cases submissions on the length of the appeal period to be allowed should form part of the parties’ written or oral submissions. 8. In accordance with rules 52.4(3) and 63.17(3), the appeal notice must be served on each respondent and on the comptroller as soon as practicable and in any event not later than 7 days after it is filed. The period of 21 days prescribed by sections 16.8 and 23.4 of Practice Direction 49E is abolished. Extension of the appeal period: CPR rule 52.6 9. In accordance with rule 52.6(1) and paragraphs 5.2 and 5.3 of Practice Direction 52, any application to extend the period for appeal must be made to the court. The parties cannot extend the period by agreement (rule 52.6(2)). Further, it will no longer be possible for the comptroller to extend the period at the request of a party, as was previously possible under sections 16.5 and 23.8 of Practice Direction 49E. 10. An appellant who applies for an extension from the court must state the reasons for the delay and the steps taken prior to the application being made. The respondent has a right to be heard on the application. Accordingly, a party who envisages at the outset a need for an appeal period longer than 14 days would be well advised to give his or her reasons as part of the written or oral submissions mentioned in paragraph 7 above, rather than leave the matter to be dealt with later by the court on an application for extension.
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