Request to the comptroller for permission to make a late declaration under section 5(2B)

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Corresponding 2007 Rule: Rule 7

6A.-(1) The period prescribed for the purposes of section 5(2A)(b) shall be the period of two months [Schedule 4A(1): period cannot be altered].

(1A) Subject to rule 85(3A), a request under section 5(2B) may only be made before the end of the period allowed under section 5(2A)(b).

(2) A request under section 5(2B) shall be—
  • (a) made on Form 3/77; and
  • (b) supported by evidence of why the application in suit was not filed before the end of the period allowed under section 5(2A)(a). [Schedule 4A(1): 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 section 16(1) 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  • (b) any request made was withdrawn before the preparations for the publication of the application by the Patent Office had been completed.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 section 5(2B), he shall make the declaration for the purposes of section 5(2) 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 Rule 85. These changes allow late declarations of priority to be made on international applications entering the UK national phase after 1 April 2007.