The Patents Rules 2007 and Patents (Fees) Rules 2007 – Schedule 4: Periods of time that cannot be extended – Guidance

Summary:

Schedule 4 of the document outlines periods of time that cannot be extended, as well as periods that may be extended under specific rules. The document is divided into three parts.

Part 1 lists periods of time that cannot be extended, including:

Declaration of priority made after the date of filing
Period for making a request to the comptroller for permission to make a late declaration of priority
Application to reinstate a terminated application
Renewal of patents
Application to restore a lapsed patent
Payment of fees under section 77(5A)
Application to cancel entry that licence available as of right
Request for a direction under section 81
Request from a foreign industrial property office for a direction under section 81
Period for making a request to the comptroller for permission to make a late declaration of priority in respect of an international application for a patent (UK)
Notice of opposition, except in relation to an opposition under section 27(5) where there are pending before the court or the comptroller proceedings in which the validity of the patent is put in issue
Opposition periods under rules 77(8) and (10)

Part 2 lists periods of time that may be extended under rule 108(2) or 108(3), including:

Filing of information and priority documents
Filing of statement of inventorship and the right to be granted a patent
Missing parts
Extensions for new applications
Periods prescribed for the purposes of sections 15(10) and 17(1)
Request for substantive examination
Period for putting an application in order
Fee for the grant of a patent under section 18(4)
Filing of a translation of European patent (UK) specifications
Request under section 81(2)(b)(i)
Request under section 81(2)(b)(ii)
Request for substantive examination following a direction under section 81
International applications for patents: entry into national phase
International applications for patents: altered prescribed periods
Period for filing an address for service

Part 3 lists periods of time that relate to rules 108(5) and 108(7), including:

Filing of statement of inventorship and the right to be granted a patent
Filing of name and address and translations
New applications filed as mentioned in section 15(9)
Extensions for new applications
Periods prescribed for the purposes of sections 15(10) and 17(1)
Request for substantive examination
Period for putting application in order
Fee for the grant of a patent under section 18(4)
Request under section 81(2)(b)(i)
Request under section 81(2)(b)(ii)
Request for substantive examination following a direction under section 81
International applications for patents: entry into national phase
International applications for patents: altered prescribed periods
* Period for filing an address for service