ANNEX TO EXPLANATORY NOTES: PATENTS ACT 2004:AMENDMENTS TO THE PATENTS ACT 1977 Section 74B – Reviews of opinions under section 74A
(1)Rules may make provision for a review before the comptroller, on an application by the proprietor or an exclusive licensee of the patent in question, of an opinion under section 74A above.
(2)The rules may, in particular –
(a)prescribe the circumstances in which, and the period within which, an application may be made;
(b)provide that, in prescribed circumstances, proceedings for a review may not be brought or continued where other proceedings have been brought;
(c)make provision under which, in prescribed circumstances, proceedings on a review are to be treated for prescribed purposes as if they were proceedings under section 61(1)(c) or (e), 71(1) or 72(1)(a) above;
(d)provide for there to be a right of appeal against a decision made on a review only in prescribed cases.