PA 75 – Amendment of patent in infringement or revocation proceedings

Question 1

what does S75 concern

Answer 1

Amendment during revocation or infringement proceedings

Question 2

it what circumstances will amendment be allowed during infringement or revocation proceedings

Answer 2

S75(1)
The Comptroller / court MAT permit amendment in cases where the validity of the patent may be put to issue, subject to S76, advertisement in the OK, and any changes in costs etc.

Question 3

Can you oppose an amendment during infringement or revocation proceedings

Answer 3

S75(2)
A person may oppose the amendment 0 this is conveyed to the proprietor and considered by the Comptroller or court

Question 4

When are amendments to a patent during infringement or revocation proceedings effective from

Answer 4

S75 (3)
They are RETROACTIVE to the date of GRANT

Question 5

What must be done if an application to amend during infringement or revocation proceedings is made to the court

Answer 5

S75(4)
The applicant must notify the Comptroller who may appear at court if they so wish

Question 6

What will the Comptroller have a regard to when considering amendments during infringement or revocation proceedings

Answer 6

S75(5)
In considering permission to amend, the Comptroller will have a regard to any relevant principles of the EPC

Question 7

What Rules apply for S75 amendments

Answer 7

R35 the same as for normal post-grant amendments

Question 8

What should you advise a client if they are likely to be in infringement or revocation proceedings

Answer 8

Amending before proceedings, as S27 is more lenient than S75, or using EPO central limitation