Schedule 2paragraph 24 and paragraph 26, sub-paragraph (3)
107.Paragraph 24 amends section 120 in order to give the comptroller the power to give directions regarding certain procedural matters. In consequence of the amendments made by paragraph 24, the Patent Office’s hours of business and excluded days (in relation to patents matters) are no longer prescribed by rules made by the Secretary of State. Instead, the comptroller can specify these matters in directions. This includes the ability to give different directions for different classes of business; for example, varying the hours of business which apply to the filing of patent applications. However, the manner in which such directions are to be published will be prescribed by rules. It is the intention that such directions will be published by means of electronic notices, in official journals, and on the Patent Office website.
108.Paragraph 26(3) inserts a new subsection (2A) in section 123. This enables the comptroller to specify in directions the content and layout of the Patents Forms, so that the forms need no longer be prescribed by rules. Again, it is intended that the comptroller will be required by rules to publish such directions by means of electronic notices, in official journals and on the Office’s website. Rules will continue to require the use of forms when prosecuting a patent application, and when dealing with the Office in other matters.