ANNEX TO EXPLANATORY NOTES: PATENTS ACT 2004:AMENDMENTS TO THE PATENTS ACT 1977 Section 107 – Costs and expenses in proceedings before the comptroller
(4)If any of the following persons, that is to say –
(a)any person by whom a reference is made to the comptroller under section 8, 12 or 37 above;
(b)any person by whom an application is made to the comptroller for the revocation of a patent;
(c)any person by whom notice of opposition is given to the comptroller under section 27(5), 29(2), 47(6) or 52(1) above, or section 117(2) below;
neither resides nor carries on business in the United Kingdom, the comptroller may require him to give security for the costs or expenses of the proceedings and in default of such security being given may treat the reference, application or notice as abandoned.
(4)The comptroller may make an order for security for costs or expenses against any party to proceedings before him under this Act if –
(a)the prescribed conditions are met, and
(b)he is satisfied that it is just to make the order, having regard to all the circumstances of the case;
and in default of the required security being given the comptroller may treat the reference, application or notice in question as abandoned.