2007 Rule 2

2. General interpretation

Rule 1 | Index | Rule 3

(1) In these Rules-

  • "the Act" means the Patents Act 1977 and "section", unless the contrary intention appears, means a section of the Act;
  • "application number" includes file number;
  • "compliance date" means the last day of the compliance period;
  • "compliance period" means the period prescribed by rule 30;
  • "declared priority date" has the meaning given to it by rule 3(1);
  • "initiation date" means the date on which a new application was initiated by documents, mentioned in section 15(1), being filed at the Patent Office;
  • "new application" means a new application filed under section 8(3), 12(6) or 37(4) or as mentioned in section 15(9);
  • "no declared priority date" has the meaning given to it by rule 3(2);
  • "Patents Form" has the meaning given to it by rule 4(1);
  • "priority application" means an earlier relevant application specified in a declaration for the purposes of section 5(2);
  • "sequence" and "sequence listing" have the same meaning as they have under the Patent Co-operation Treaty;
  • "start date" means, in relation to rules 106(6)(a) and 116 on supplementary protection certificates, the first day following the day on which the basic patent expires; and
  • "termination" has the meaning given by section 20B(7) and "terminated" shall be construed accordingly.

(2) Where a period of time has been altered under rules 20(4), 71(7), 81 or 107 to 111, any reference in these Rules to the period of time shall be construed as a reference to the period as altered.

(3) For the purposes of these Rules a document is available to the comptroller where-

  • (a) it is in electronic storage (whether in the Patent Office or elsewhere) and he can access it by using electronic communications; or
  • (b) it is kept at the Patent Office,

and he has been furnished with sufficient information to obtain a copy of the document.

(4) But a document may be treated as unavailable to the comptroller where-

  • (a) its accuracy cannot be verified to his satisfaction; or
  • (b) he has to pay to access it.
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