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The Patents Rules 1990

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Periods prescribed under section 15(5)(a) and (b) and 17(1) for filing claims, abstract and request for preliminary examination and search

25.—(1) The period prescribed for the purposes of section 15(5)(a) shall be,—

(a)if the application contains no declared priority date, the period of twelve months calculated from its date of filing; or

(b)if the application does contain a declared priority date, the last to expire of the period of twelve months calculated from the declared priority date and the period of one month calculated from the date of filing the application.

(2) Subject to the provisions of rules 81(3), 82(3) and 85(7)(a), the period prescribed for the purposes of sections 15(5)(b) and 17(1) shall be,—

(a)if the application contains no declared priority date, the period of twelve months calculated from its date of filing; or

(b)if the application does contain a declared priority date, the period of twelve months calculated from the declared priority date.

(3) Where a new application is filed under section 8(3), 12(6), 15(4) or 37(4) after the end of the period prescribed in paragraph (1) or (2) above, as the case may be, the period prescribed for the purposes of sections 15(5) and 17(1) shall be the period which expires on the actual date of filing of the new application.

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