The Registered Designs Rules 2006

Correction of irregularities and extensions of time U.K.

Correction of irregularities U.K.

38.  Where the registrar thinks fit, he may rectify any irregularity of procedure—

(a) after giving the parties such notice, and

(b) subject to such conditions,

as he may direct.

Extension of times or periods prescribed by Rules U.K.

39.—(1) The registrar may, if he thinks fit, extend (or further extend) any time or period prescribed by these Rules, except the periods prescribed by—

(a) rule 10(1) (period prescribed for the purposes of section 3(5)); and

(b) rule 13(2) (period for making an application for restoration),

(but those periods may be extended under rules 38, 40 and 41).

(2) Any extension under paragraph (1) shall be made—

(a) after giving the parties such notice, and

(b) subject to such conditions,

as the registrar may direct.

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

Interrupted days U.K.

40.—(1) The registrar may certify any day as an interrupted day where—

(a) there is an event or circumstance causing an interruption in the normal operation of the Patent Office; or

(b) there is a general interruption or subsequent dislocation in the postal services of the United Kingdom.

(2) Any certificate of the registrar made under paragraph (1) shall be posted in the Patent Office and advertised in the journal.

(3) The registrar shall, where the time for doing anything under these Rules expires on an interrupted day, extend that time to the next following day not being an interrupted day (or an excluded day).

(4) In this rule—

“interrupted day” means a day which has been certified as such under paragraph (1); and

“excluded day” means a day specified as such by rule 46.

Delays in communication services U.K.

41.—(1) The registrar shall extend any time or period in these Rules where he is satisfied that the failure to do something under these Rules was wholly or mainly attributed to a delay in, or failure of, a communication service.

(2) Any extension under paragraph (1) shall be—

(a) made after giving the parties such notice; and

(b) subject to such conditions,

as the registrar may direct.

(3) In this rule “communication service” means a service by which documents may be sent and delivered and includes post, electronic communications and courier.