The Patents Rules 1990

Extensions for new applications

26.—(1) Where a new application is filed under section 8(3), 12(6), 15(4) or 37(4) after the period of sixteen months prescribed in either rule 6 or rule 15, then, subject to the following provisions of this rule,—

(a) the requirements of those rules shall be complied with at the time of filing the new application; and

(b) the requirements of paragraph 1(2)(a)(ii) and (3) of Schedule 2, in a case to which they apply, shall be complied with not later than the later of the time ascertained under the said paragraph 1(3) and the time of filing the new application.

(2) Where a new application is filed under any of those sections—

(a) within the period prescribed in paragraph (6) of rule 6 as modified, in the case of an international application, by rule 85(3), the requirement of that paragraph shall have effect as provided therein; or

(b) after that period, the requirements of that paragraph shall be complied with at the time of filing,

subject, in either case, to paragraph (3) below.

(3) Where a new application is filed under section 15(4) after—

(a) the period of sixteen months prescribed in rule 6(2) or rule 15(1); or

(b) the period prescribed in rule 6(6) as modified, in the case of an international application, by rule 85(3),

but within an extension of that period under rule 110(3) or (4) in respect of the earlier application, the requirements of rule 6(2) and (3), rule 6(6) or rule 15, as the case may be, shall be complied with before the end of the extended period.