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Consequential, incidental and supplementary provisions

5.  For rule 13 there is substituted—

Reference to the comptroller under section 11(5)

13.(1) A reference under section 11(5) shall be made on Patents Form 2/77 and shall be accompanied by a copy and by a statement in duplicate setting out fully—

(a)the question referred;

(b)the facts upon which the person making the reference relies; and

(c)the period or terms of the licence which he is prepared to accept or grant.

(2) The comptroller shall send, except to the person who made the reference, a copy of the reference and statement to—

(a)every person in whose name the application is to proceed or, as the case may be, who makes the new application; and

(b)every person claiming to be entitled to be granted a licence,

and any such person who receives a copy of the reference and statement may, before the end of the period of six weeks starting on the date the copies were sent to him, file a counter-statement (which must be in duplicate) setting out fully his grounds of objection.

(3) The comptroller shall send a copy of the counter-statement to the person who made the reference.

(4) The comptroller may give such directions as he thinks fit with regard to the subsequent procedure.

(5) In this rule, a reference to section 11 includes a reference to that section as applied by section 12(5)..