Patents Regulations 2014

166 Application for permission to file evidence out of time

(1)

The application for permission to file evidence out of time must—

(a)

be in writing; and

(b)

be signed by the party applying for permission; and

(c)

contain the information in subclause (2).

(2)

The application must contain the following information:

(a)

the nature of the evidence and whether it is evidence in chief or evidence confined to matters strictly in reply; and

(b)

an explanation why the evidence could not have been filed earlier; and

(c)

any other ground or grounds for making the application.

(3)

The Commissioner must notify the opposite party of the application, and the opposite party may make submissions to the Commissioner within the time specified by the Commissioner.

(4)

The Commissioner must notify the parties of the decision that the Commissioner intends to make on the application.

(5)

That notification must—

(a)

specify the ground or grounds on which the Commissioner intends to reject or accept the application; and

(b)

advise the parties that either party may request a hearing; and

(c)

specify a period of not less than 1 month after the date of notification for a party to request a hearing; and

(d)

advise the parties that the Commissioner will decide the application at the end of that period if a party has not requested a hearing.

(6)

The Commissioner must, as soon as practicable, hold a hearing if the applicant requests it unless regulation 169(3) applies.

Compare: SR 2003/187 r 35