2007 Rule 21

21. Extensions for new applications

Rule 20 | Index | Rule 22

(1) Where a new application is filed-

• (a) the period prescribed for the purposes of section 13(2) is-
  • (i) two months beginning immediately after¹ its initiation date, or
  • (ii) if it expires later, the period prescribed by rule 10(3); and
• (b) the relevant period for the purposes of rule 8 is-
  • (i) two months beginning immediately after² its initiation date, or
  • (ii) if it expires later, the period specified in rule 8(5),

and the reference in rule 10(3) to the date of filing of the application is a reference to the date of filing of the earlier application.

(2) But where the new application is filed less than six months before the compliance date-

• (a) the period prescribed for the purposes of section 13(2) is the period ending with its initiation date; and
• (b) the relevant period for the purposes of rule 8 is the period ending with its initiation date.

(3) The second requirement in Schedule 1 must be complied with-

• (a) on the initiation date; or
• (b) if it expires later, before the end of the relevant period specified in paragraph 3(3) of that Schedule.

Notes:
Time periods under Rule 21 are extendable under Rules 108(2) or 108(3): Schedule 4, part 2

Footnotes

1. Amended by the Patents (Amendment) Rules 2011, SI 2011 No. 2052 as from 1 October 2011.

2. Amended by the Patents (Amendment) Rules 2011, SI 2011 No. 2052 as from 1 October 2011.