Sections (22.01 to 22.21) last updated: January 2021
Introduction
22.01
Section 74B of the Patents Act 1977 provides for a review of an opinion. An application may be filed by the patent proprietor or an exclusive licensee.
22.02
An application for a review needs to be filed before the end of the period of three months beginning with the date on which the opinion has been issued.
22.03
An application may be made on the following grounds only:
that the opinion wrongly concluded that the patent in suit was invalid, or was invalid to a limited extent; or
that, by reason of its interpretation of the specification of the patent in suit, the opinion wrongly concluded that a particular act did not or would not constitute an infringement of the patent (rule 98(5))