Statutory guidance

Direction: submitting opinion observations by electronic means

Published 7 September 2005

© Crown copyright 2005

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This publication is available at https://www.gov.uk/government/publications/submitting-opinion-observations-by-electronic-means/direction-submitting-opinion-observations-by-electronic-means

1. Introduction

  1. The comptroller has made these directions under section 124A of the Patents Act 1977 ('the Act') to direct the form and manner in which observations on the request for an opinion under section 74A of the Act, filed under rule 96 of the Patents Rules 2007 ('the Rules'), may be delivered in electronic form or using electronic communications.

  2. These directions come into force on 1 October 2005.

2. Interpretation

  1. In these directions:

    'digital medium' means-

    - a compact optical disk (CD) containing electronic data conforming to ISO 9660
    - a digital versatile disk (DVD) containing electronic data conforming to ISO 9660 or ISO 13346
    - a 3.5" floppy disk

    'observations' means the observations mentioned in rule 96 of the Rules;

    'opinion reference number' means the reference number on the notification sent by the comptroller under rule 95 of the Rules.

3. Delivery of observations

  1. Observations may be sent by email or delivered on digital medium.

  2. Observations sent by email shall be sent to one of the following email addresses: [email protected] or [email protected]

4. Content and format of observations

  1. Where observations are sent by email, the email shall contain-

    - the observations
    - the opinion reference number

  2. Observations delivered on a digital medium shall be accompanied by a paper document containing-

    - a statement that the digital medium carries observations
    - the opinion reference number

  3. No observations sent by email or delivered on a digital medium shall be encrypted.

5. Illegible or incomplete observations and infected observations

  1. Where part or all of the observations delivered under these directions are illegible or incomplete, the whole of the observations shall be treated as not complying with these directions.

  2. Where the observations delivered under these directions are reported as having a virus (or other malicious software) by the Patent Office’s virus checking software they shall be treated as not complying with these directions.

  3. Where the observations are treated as not complying with these directions under paragraph 9 or 10, provided that the person making the observations can be identified, he shall be notified of this fact by the comptroller.

6. Acknowledgement

  1. Where the observations have been received in accordance with these directions, they shall be acknowledged by the comptroller.

  2. The time of delivery accorded to an email containing observations shall be that generated by the Patent Office's internal electronic communications network (within the meaning of section 32 of the Communications Act 2003).

Ron Marchant
Comptroller-General of Patents, Designs and Trade Marks
7 September 2005

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