ANNEX TO EXPLANATORY NOTES: PATENTS ACT 2004:AMENDMENTS TO THE PATENTS ACT 1977 Opinions by Patent Office.Section 74A – Opinions as to validity or infringement
(1)The proprietor of a patent or any other person may request the comptroller to issue an opinion –
(a)as to whether a particular act constitutes, or (if done) would constitute, an infringement of the patent;
(b)as to whether, or to what extent, the invention in question is not patentable because the condition in section 1(1)(a) or (b) above is not satisfied.
(2)Subsection (1) above applies even if the patent has expired or has been surrendered.
(3)The comptroller shall issue an opinion if requested to do so under subsection (1) above, but shall not do so –
(a)in such circumstances as may be prescribed, or
(b)if for any reason he considers it inappropriate in all the circumstances to do so.
(4)An opinion under this section shall not be binding for any purposes.
(5)An opinion under this section shall be prepared by an examiner.
(6)In relation to a decision of the comptroller whether to issue an opinion under this section –
(a)for the purposes of section 101 below, only the person making the request under subsection (1) above shall be regarded as a party to a proceeding before the comptroller; and
(b)no appeal shall lie at the instance of any other person.