Patents (Amendment) Act 2006

Correction of errors (section 110 of Principal Act).

26.— Section 110 of the Principal Act is amended—

(a) by inserting the following after subsection (2):

“(2A) Where the Controller is requested to correct an error or mistake in a withdrawal of an application for a patent, which application was published under section 28 and details of the withdrawal were published by the Controller, the Controller shall publish notice of the request in the Journal.

(2B) Where the Controller has published a notice in accordance with subsection (2A) any person may within a prescribed period give notice to the Controller of opposition to the request.

(2C) If notice of opposition is given under subsection (2B), the Controller shall notify the person who made the request and shall determine the matter.

(2D) Where the Controller decides to allow a request under this section to correct an error or mistake in a withdrawal of an application for a patent and notice of the request was published in the Journal under subsection (2A), the Controller shall make an order restoring the application and publish notice of the restoration in the Journal.”,

and

(b) in subsection (3), by inserting “other than a request to correct an error or mistake in a withdrawal of an application for a patent referred to in subsection (2A),” after “subsection (1),”.