Manual of Patent Practice – Section 20: Failure of application – Guidance

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The document discusses the patent application process, specifically the compliance period and extensions. The compliance period is a 12-month period during which the applicant must respond to an examination report and optionally file a request for extension. The document highlights the importance of providing a clear indication of a request for extension and evidence to support it. It also discusses discretionary extensions under r.108 and criteria for such extensions, including exceptional circumstances. The document notes that the compliance period is not automatic and requires a request for extension, which must be accompanied by a Form 52, except in specified exceptions. Additionally, the document explains automatic extensions under r.30(4) when s.21 observations are filed near the end of the period and result in a report under s.18(3) being issued. The compliance period is a period during which requirements of the Act and Rules must be complied with, and it does not impose any additional requirement on the applicant.

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The document discusses an applicant's opportunities for extension and amendment after a decision is given. If a decision is made before the end of the compliance period, the period for putting the application in order is automatically extended until the end of the time allowed for bringing an appeal. The applicant has the opportunity to amend the application within this extended period.