Modernisation of Patents Rules

Today the Patent Office launches a consultation on proposed rules which will modernise patent litigation.

The new rules set out flexible and user-friendly procedures which reflect the realities of litigation procedure, and which are combined with clearer case-management powers for the hearing officers who resolve disputes.

These changes are contained in the draft Patents Rules 2007 – a new Rules package which comprises the first significant reform of the rules governing patents and patent applications for 11 years, and is the most wide-reaching reform for almost 30 years.

The new litigation procedures are just one area of proposed change. Others include new provisions to reflect modern working practices such as the electronic filing of patent applications, digital libraries of patent documents available over the internet, and the Office’s recent move to electronic case-files for patent applications.

The consultation is open until Tuesday 5 June 2007, and can be viewed on this website.

It is hoped that the new Rules will be laid before Parliament later in the year and will take effect on 1 October 2007.

Editor notes:

1. The Patents Rules are the main piece of secondary legislation made under the Patents Act 1977. They set out procedures relating to patents and patent applications – and so give details of (for example) requirements for filing a patent application, time periods and deadlines, and how patent disputes are resolved at the Office.