The Patents (Amendment) Rules 2007

Late declaration of priority for international application for a patent (UK)

3.—(1) Rule 6A (request to the comptroller for a late declaration) is amended as follows.

(2) After paragraph (1) insert—

“(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).”.

(3) For paragraph (2) substitute—

“(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).

(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).”.

(4) Rule 85 (international applications for patents) is amended as follows.

(5) After paragraph (3) insert—

“(3A) Where an international application for a patent (UK) has begun the national phase, a request may be made under section 5(2B) before the end of the period of 1 month beginning with the date the national phase of the application begins.”.

(6) The amendments made by this rule shall not apply to any international application for a patent (UK) which began the national phase of the application before the coming into force of these Rules.