Patents Rules 1982
1
In
these Rules –
“Comptroller-General”
has the same meaning as in the Law;
“Court” means
the “Samedi” division of the Royal Court;
“Government
department” has the same meaning as in the Law;
“Law” means
the Patents (Jersey)
Law 1957;
“patent” has
the same meaning as in the Law;
“patentee” has
the same meaning as in the Law;
“register” has
the same meaning as in the Law;
“register of patents”
has the same meaning as in the Law.
2
The forms set out in the
Appendix to these Rules shall be used in all cases to which they are
applicable, and may be modified as directed by the Judicial Greffier.
3
An application under Article 4
of the Law for the registration of a patent shall be made on Patents Form No. 1
and be accompanied by documents certified in the manner described therein.
4
An application under Article 5
of the Law for the registration of an order, grant or decision shall be made on
Patents Form No. 2 and be accompanied by documents certified in the manner
described therein.
5
An application under Article 6
of the Law for the registration of a title or interest shall be made on
whichever of Patents Forms Nos. 3 or 4 is appropriate and be accompanied by
documents certified in the manner described therein.
6
Any application made on
Patents Forms Nos. 1, 2, 3 or 4 and any request made under Article 11 of
the Law shall be signed –
(a) in
the case of an individual, by the individual or by the individual’s
lawfully constituted attorney in Jersey or by an advocate or solicitor of the
Royal Court duly authorized to sign on the individual’s behalf;
(b) in
the case of a body corporate, by a director or the secretary thereof or by its
lawfully constituted attorney in Jersey or by an advocate or solicitor of the
Royal Court duly authorized to sign on its behalf.
7
(1) Every
person concerned in any proceedings to which these Rules relate, and every
patentee, shall furnish to the Judicial Greffier in addition to his or her full
residential or business address an address for service in Jersey.
(2) Such
address for service may be treated, for all purposes connected with such
proceedings or patent, as the actual address of such person or patentee and
shall, in the case of a patentee, be entered on the register of patents as the person’s
address for service.
8
The advertisement
required by Article 4(4) of the Law shall be in accordance with whichever
of Patents Forms Nos. 5 or 6 is appropriate and shall be published twice in a
Jersey newspaper printed in the English language and circulating in Jersey.
9
(1) A
party wishing to refer to the Court any dispute as to the exercise by a
Government department or by the States, or by a person authorized by a
Government department or by the States, of the powers conferred by Article 12
or 13 of the Law, or as to the terms for the use of an invention for the
services of the Crown or of the States thereunder, or as to the right of any person
to receive any part of a payment in respect of those services, shall present to
the Court a written statement setting out the nature of the dispute.
(2) The
Court may order such persons to be convened, such evidence to be taken and such
enquiries to be made as the Court may deem necessary for the determination of
the dispute.
10
In any proceedings under
the Law, or in proceedings for infringement of a patent, the Court may, at any
time, appoint an independent adviser to assist the Court or to enquire and
report upon any question of fact or of opinion not involving questions of law
or construction.
11
(1) Any
person desirous of taking proceedings under the Law in
forma pauperis may lay the person’s suit before an advocate or
solicitor of the Royal Court and, if such advocate or solicitor is of opinion
that such person has a good cause of action, the person shall deliver to the
Viscount a statement of the material facts which may be alleged, and of the
points of law which may be raised, by such person, together with such documents
appertaining to such suit as the person may have in his or her possession.
(2) If
the Viscount is satisfied that such person has prima
facie a good cause of action, the Viscount shall grant a certificate by
virtue whereof such person shall be exempt from the payment of all court fees
to which the person would otherwise have been liable by reason of such suit.
(3) The
Viscount may, before granting such certificate, require such affidavits as the
Viscount considers necessary.
(4) Every
document presented by a person to whom such a certificate has been granted
shall, if it would otherwise have been required to have stamps affixed thereto,
be marked “gratis” by the person
designated in the tariff as being responsible for cancelling the stamps.
12
Any proceedings for the
purposes of the Law may be instituted, at any time and may be heard on any day
on which the Court may sit.
13
These Rules may be cited
as the Patents Rules 1982.
SCHEDULE
APPENDIX
PATENTS FORM NO. 1
PATENTS (JERSEY) LAW 1957
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Application for the registration of a patent.
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(a)
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Full name(s) of
applicant(s). A married woman should give her maiden surname and the full
name of her husband, stating whether “wife”, “widow”
or “divorced”
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I/We (a)...............................................................................
of (b)....................................................................................
apply for the registration
in the register of patents of
Patent No.......................................................... granted
to
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(b)
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Address of
applicant(s)
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…………………………………………………………
for the sole use and advantage of an invention for
………………………………………………………
which patent is
in force in the United Kingdom.
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I/We enclose a
copy of the specification(s) and drawings of the patent certified by the
Comptroller-General and a certificate of the Comptroller-General setting
forth the rights or interests to which my/our application relates.
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My/Our address for
service in Jersey is
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When the applicant(s) is/are not the grantee(s) of
the patent, the following section must also be completed.
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(c)
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Specify the
nature of the claim
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I/We claim to be
entitled to apply for the registration of the patent described above by virtue of (c)..................
………………………………………………………..
and I/we enclose a certificate of the
Comptroller-General relating to the registration in the United Kingdom of
my/our title as aforesaid.
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Dated this .............................................................. .day
of
20 .
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Signature of .......................................................................
applicant(s) (d) .................................................................
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(d)
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The advocate,
solicitor or attorney in Jersey of the applicant(s) may sign on his/her/their
behalf
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Where any partial assignment or transmission of the
patent has been made, the following section must also be completed.
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I/We (a) ..............................................................................
of (b)....................................................................................
declare that I/we am/are
entitled by virtue of (c) .......
to a share in the patent
described above (e)
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(e)
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Delete if
inapplicable
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or
to an interest
in the patent described above (e) and I/we
enclose a certificate of the Comptroller-General relating to the registration
in the United Kingdom of my/our title/interest.
AND I/we declare
that I/we also apply for the registration in the register of patents of the
patent described above.
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My/Our address for
service in Jersey is
Dated this................................................................ day
of
20 .
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Signature of person(s) entitled to
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.......…......................
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a share or
interest. (d)
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Patents Form No. 2
PATENTS (JERSEY) LAW 1957
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Application for the registration of an order,
grant or decision under Article 5
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(a)
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Full name(s) of
applicant(s). A married woman should give her maiden surname and the full
name of her husband, stating whether “wife”, “widow”
or “divorced”
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I/We (a) ..............................................................................
of (b)....................................................................................
apply for the
registration in the register of patents of
(i) an
order extending the term of (c)
or
(ii) a
patent of addition for the improvement or modification
of (c)
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(b)
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Address of
applicant(s)
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or
(iii) a
decision/an order restoring (c)
or
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(c)
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Delete if
inapplicable
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(iv) a
decision/an order allowing the amendment of
the specification/drawings of (c)
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Patent No.
…............................... in force in the United Kingdom which
is registered in Jersey in my/our name.
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I/We enclose a
copy of the said order/grant/decision
certified by the Comptroller-General.
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(d)
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The advocate,
solicitor or attorney in Jersey of the applicant(s) may sign on his/her/their
behalf
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My/Our address for
service in Jersey is .......................
..............................…..............................................…..
Dated this
................day of .............................. 20 .
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Signature of
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applicant(s) (d).......…...........................
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Patents Form No. 3
PATENTS (JERSEY) LAW 1957
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Application for the registration of the title
of a person becoming entitled by assignment, transmission or other operation
of law to a registered patent or to a share therein
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(a)
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Full name(s) of
applicant(s). A married woman should give her maiden surname and the full
name of her husband, stating whether “wife”, “widow”
or “divorced”
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I/We (a)...............................................................................
of (b) ...................................................................................
apply that you will
enter my/our name(s) in the register of patents as
proprietor(s)/co-proprietor(s) of Patent No. ................ ,
in force in the United Kingdom
at present registered in
Jersey in the name of .............
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(b)
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Address of
applicant(s)
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(c)
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Specify the
nature of
the claim
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I/We claim to be so
entitled by virtue of (c)................
I/We append hereto a certificate of the
Comptroller-General relating to the registration in the United Kingdom of
my/our title as aforesaid.
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(d)
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The advocate,
solicitor or attorney in Jersey of the applicant(s) may sign on his/her/their
behalf
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My/Our address for
service in Jersey is........................
Dated this ........... day of
.............................…... 20 .
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Signature of .......................................................................
applicant(s) (d)..................................................................
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Patents Form No. 4
PATENTS (JERSEY) LAW 1957
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Application for the registration of an
interest in a registered patent
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(a)
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Full name(s) of
applicant(s). A married woman should give her maiden surname and the full
name of her husband, stating whether “wife”, “widow”
or “divorced”
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I/We (a) ..............................................................................
of (b) ...................................................................................
apply that you will
enter in the Register of Patents a notice of the following interest in a
patent: –
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(b)
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Address of
applicant(s)
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(c)
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Insert the
nature of the claim e.g., “as licensee”
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I/We claim to be
entitled (c) ............................. to an interest in Patent No.
.................... in force in the United Kingdom at present registered in
Jersey in the name of
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(d)
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Give particulars
of the document by which you are entitled to the interest, including the date
and the names of the parties
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..............................................................................................
by virtue of (d)...................................................................
I/We append
hereto a certificate of the Comptroller-General relating to the registration
in the United Kingdom of my/our interest as aforesaid.
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(e)
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The advocate,
solicitor or attorney in Jersey of the applicant(s) may sign on his/her/their
behalf
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My/Our address for service in Jersey is ......................
Dated this .........................................................................
day of ...................................................................... 20 .
Signature of
applicant(s) (d) ..........................................
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Patents Form No. 5
IN THE ROYAL COURT OF JERSEY
PATENTS (JERSEY) LAW 1957
Notice is given that an
application has been made to the Judicial Greffier by
..........................................................................................................................................
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for the registration in Jersey of Patent No. ................
in force in the United Kingdom for the sole use and advantage of an invention
for
...........................................................................................................................................
The documents submitted in support
of the application may be inspected at the Commercial Relations Department.
Dated this
.......................................... day of
.................................... 20 .
Patents Form No. 6
IN THE ROYAL COURT OF JERSEY
PATENTS (JERSEY) LAW 1957
Notice is given that an
application has been made to the Judicial Greffier by
...........................................................................................................................................
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for the registration in Jersey of
an order
extending the term of
or
a patent
of addition for the improvement or modification of
or
a
decision/an order restoring
or
a decision/an order/ allowing the
amendment of the specification/drawings of
Patent No.
................................ in force in United Kingdom which is registered
in Jersey in the name of the applicant.
The documents submitted in support
of the application may be inspected at the Commercial Relations Department.
Dated this
..................................... day of
.................................. 20 .