Patents Rules 1982
THE SUPERIOR
NUMBER OF THE ROYAL COURT, in pursuance of Article 13 of the Royal Court (Jersey) Law 1948,[1] and of Article 24 of the Patents
(Jersey) Law 1957,[2] have made the following Rules –
Commencement [see endnotes]
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;[3]
“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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........….....................
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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
..........................................................................................................................................
......................................................
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
...........................................................................................................................................
.........................................................................
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 .