108. Extension of time limits

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(1) The comptroller may, if he thinks fit, extend or further extend any period of time prescribed by these Rules except a period prescribed by the provisions listed in Parts 1 and 2 of Schedule 4.

(2) The comptroller shall extend, by a period of two months, any period of time prescribed by the provisions listed in Part 2 of Schedule 4 where—
  • (a) a request is filed on Patents Form 52;
  • (b) no previous request has been made under this paragraph; and
  • (c) that request is filed before the end of the period of two months beginning immediately after[1] the date on which the relevant period of time expired.

(3) The comptroller may, if he thinks fit, extend or further extend any period of time prescribed by the rules listed in Part 2 of Schedule 4 where—
  • (a) a request is filed on Patents Form 52; and
  • (b) the person making the request has furnished evidence supporting the grounds of the request, except where the comptroller otherwise directs.

(4) Each request under paragraph (2) or (3) for a period of time to be extended must be made on a separate form unless—
  • (a) each of those requests relate to the same patent or application for a patent; and
  • (b) the grant of each of those requests would result in the expiry of all the extended periods of time on the same date,
in which case those requests may be combined and made on a single form.

(5) Any extension made under paragraph (1) or (3) shall be made—
  • (a) after giving the parties such notice; and
  • (b) subject to such conditions,
as the comptroller may direct, except that a period of time prescribed by the rules listed in Part 3 of Schedule 4 may be extended (or further extended) for a period of two months only.

(6) An extension may be granted under paragraph (1) or (3) notwithstanding the period of time prescribed by the relevant rule has expired.

(7) But no extension may be granted in relation to the periods of time prescribed by the rules listed in Part 3 of Schedule 4 after the end of the period of two months beginning immediately after the period of time as prescribed (or previously extended) has expired.
  1. ^ Amended by the Patents (Amendment) Rules 2011, SI 2011 No. 2052 as from 1 October 2011.