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Patents Act 1977
Patents Rules 2007
Patents (Fees) Rules 2007
Forms & Fees
Request to the comptroller for permission to make a late declaration under section 5(2B)
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Corresponding 2007 Rule:
(1) The period prescribed for the purposes of
shall be the period of two months [
: period cannot be altered].
(1A) Subject to
, a request under
may only be made before the end of the period allowed under
(2) A request under
(a) made on
(b) supported by evidence of why the application in suit was not filed before the end of the period allowed under
: period cannot be altered];
(2A) Such a request may only be made where—
(a) the condition in paragraph (3) is met; or
(b) the request is made in relation to an international application for a patent (UK).
(3) The condition is met that —
(a) the applicant has not made a request under
to publish the application during the period prescribed for the purposes of that section; or
(b) any request made was withdrawn before the preparations for the publication of the application by the Patent Office had been completed.
(4) Where an applicant makes a request under
, he shall make the declaration for the purposes of
at the same time as making that request.
New subsection 1A inserted and subsection 2 amended by The Patents (Amendment) Rules 2007,
SI 2007 No. 677
. See also changes to
. These changes allow late declarations of priority to be made on international applications entering the UK national phase after 1 April 2007.
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