Reinstatement of applications

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20A.-(1) Subsection (2) below applies where an application for a patent is refused, or is treated as having been refused or withdrawn, as a direct consequence of a failure by the applicant to comply with a requirement of this Act or rules within a period which is -
  • (a) set out in this Act or rules, or
  • (b) specified by the comptroller.

(2) Subject to subsection (3) below, the comptroller shall reinstate the application if, and only if -
  • (a) the applicant requests him to do so;
  • (b) the request complies with the relevant requirements of rules [Rule 32]; and
  • (c) he is satisfied that the failure to comply referred to in subsection (1) above was unintentional.

(3) The comptroller shall not reinstate the application if -
  • (a) an extension remains available under this Act or rules for the period referred to in subsection (1) above; or
  • (b) the period referred to in subsection (1) above is set out or specified -
    • (i) in relation to any proceedings before the comptroller;
    • (ii) for the purposes of section 5(2A)(b) above; or
    • (iii) for the purposes of a request under this section or section 117B below.

(4) Where the application was made by two or more persons jointly, a request under subsection (2) above may, with the leave of the comptroller, be made by one or more of those persons without joining the others.

(5) If the application has been published under section 16 above, then the comptroller shall publish notice of a request under subsection (2) above in the prescribed manner.

(6) The reinstatement of an application under this section shall be by order.

(7) If an application is reinstated under this section the applicant shall comply with the requirement referred to in subsection (1) above within the further period specified by the comptroller in the order reinstating the application.

(8) The further period specified under subsection (7) above shall not be less than two months.

(9) If the applicant fails to comply with subsection (7) above the application shall be treated as having been withdrawn on the expiry of the period specified under that subsection.

Notes:
Manual of Patent Practice
Rule 32
"unintentional" test similar to that under s28 restoration