Brief

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

Schedule 4: Periods of time that cannot be extended

Parts 1 to 3

Extension of time limits

Part 1

Periods of time that cannot be extended

rule 6(2)(b) (declaration of priority for the purposes of section 5(2) made after the date of filing)

rule 7(1) (period for making a request to the comptroller for permission to make a late declaration of priority)

rule 32(1) (application to reinstate a terminated application)

rule 37 and 38 (renewal of patents)

rule 40(1) (application to restore a lapsed patent)

rule 41A (payment of fees under section 77(5A) following restoration of a European patent (UK)

rule 43(4) (application to cancel entry that licence available as of right)

rule 58(3) (request for a direction under section 81)

rule 59(1) (request from a foreign industrial property office for a direction under section 81)

rule 66(3) (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))

rule 76(2) (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 rule 77(8) and (10) (opposition periods)

rule 109 (extension of time limits specified by comptroller)

rule 116(2) (fee for supplementary protection certificate)

paragraph 8(5) of Schedule 1 (new deposits of biological material)

PART 2

Periods of time that may be extended under rule 108(2) or 108(3)

rule 8(1) and (2) (filing of information and priority documents)

rule 10(3) (filing of statement of inventorship and the right to be granted a patent)

rule 18(1) (missing parts)

rule 21 (extensions for new applications)

rule 22(1), (2) and (5) (periods prescribed for the purposes of sections 15(10) and 17(1))

rule 28(2), (3) and (5) (request for substantive examination)

rule 30 (period for putting an application in order)

rule 30A (fee for the grant of a patent under section 18(4))

rule 56(6) and (7) (filing of a translation of European patent (UK) specifications)

rule 58(4) (request under section 81(2)(b)(i))

rule 59(3) (request under section 81(2)(b)(ii))

rule 60 (request for substantive examination following a direction under section 81)

rule 66(1) and (2) (international applications for patents: entry into national phase)

rule 68 (international applications for patents: altered prescribed periods)

rule 104(2) (period for filing an address for service), in relation to an application for a patent

paragraph 3(2) of Schedule 1 (filing of information in relation to the deposit of biological matter)

Part 3

Periods of time which to which rule 108(5) and 108(7) relate

rule 10(3) (filing of statement of inventorship and the right to be granted a patent)

rule 12(3) and (9) (filing of name and address and translations)

rule 19 (new applications filed as mentioned in section 15(9))

rule 21(1)(a) and (2)(a) (extensions for new applications)

rule 22 (periods prescribed for the purposes of sections 15(10) and 17(1))

rule 28 (request for substantive examination)

rule 30 (period for putting application in order)

rule 30A (fee for the grant of a patent under section 18(4))

rule 58(4) (request under section 81(2)(b)(i))

rule 59(3) (request under section 81(2)(b)(ii))

rule 60 (request for substantive examination following a direction under section 81)

rule 66(1) and (2) (international applications for patents: entry into national phase)

rule 68 (international applications for patents: altered prescribed periods)

rule 104(2) (period for filing an address for service), in relation to an application for a patent

Highlights content goes here...

Summary of Schedule 4: Periods of Time that Cannot be Extended

Schedule 4 of the UK Patent Rules outlines specific periods of time that cannot be extended. These periods are listed in Parts 1 to 3 of the schedule.

Part 1: Periods of Time that Cannot be Extended

This part of the schedule specifies the following periods that cannot be extended:

Rule 6(2)(b): Declaration of priority for the purposes of section 5(2) made after the date of filing
Rule 7(1): Period for making a request to the Comptroller for permission to make a late declaration of priority
Rule 32(1): Application to reinstate a terminated application
Rule 37 and 38: Renewal of patents
Rule 40(1): Application to restore a lapsed patent
Rule 41A: Payment of fees under section 77(5A) following restoration of a European patent (UK)
Rule 43(4): Application to cancel entry that licence available as of right
Rule 58(3): Request for a direction under section 81
Rule 59(1): Request from a foreign industrial property office for a direction under section 81
Rule 66(3): 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)
Rule 76(2) (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): Notice of opposition
Rule 77(8) and (10): Opposition periods
Rule 109: Extension of time limits specified by the Comptroller
Rule 116(2): Fee for supplementary protection certificate
Paragraph 8(5) of Schedule 1: New deposits of biological material

Part 2: Periods of Time that May be Extended

This part of the schedule specifies the following periods that may be extended under rule 108(2) or 108(3):

Rule 8(1) and (2): Filing of information and priority documents
Rule 10(3): Filing of statement of inventorship and the right to be granted a patent
Rule 18(1): Missing parts
Rule 21: Extensions for new applications
Rule 22(1), (2), and (5): Periods prescribed for the purposes of sections 15(10) and 17(1)
Rule 28(2), (3), and (5): Request for substantive examination
Rule 30: Period for putting an application in order
Rule 30A: Fee for the grant of a patent under section 18(4)
Rule 56(6) and (7): Filing of a translation of European patent (UK) specifications
Rule 58(4): Request under section 81(2)(b)(i)
Rule 59(3): Request under section 81(2)(b)(ii)
Rule 60: Request for substantive examination following a direction under section 81
Rule 66(1) and (2): International applications for patents: entry into national phase
Rule 68: International applications for patents: altered prescribed periods
Rule 104(2): Period for filing an address for service (in relation to an application for a patent)
Paragraph 3(2) of Schedule 1: Filing of information in relation to the deposit of biological matter

Part 3: Periods of Time Relating to Rule 108(5) and 108(7)

This part of the schedule specifies the following periods that relate to rule 108(5) and 108(7):

Rule 10(3): Filing of statement of inventorship and the right to be granted a patent
Rule 12(3) and (9): Filing of name and address and translations
Rule 19: New applications filed as mentioned in section 15(9)
Rule 21(1)(a) and (2)(a): Extensions for new applications
Rule 22: Periods prescribed for the purposes of sections 15(10) and 17(1)
Rule 28: Request for substantive examination
Rule 30: Period for putting application in order
Rule 30A: Fee for the grant of a patent under section 18(4)
Rule 58(4): Request under section 81(2)(b)(i)
Rule 59(3): Request under section 81(2)(b)(ii)
Rule 60: Request for substantive examination following a direction under section 81
Rule 66(1) and (2): International applications for patents: entry into national phase
Rule 68: International applications for patents: altered prescribed periods
* Rule 104(2): Period for filing an address for service (in relation to an application for a patent)

It is important to note that these periods are subject to the provisions of the UK Patent Rules and any subsequent amendments or changes.

Intellectual Property Office

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