2007 Rule 30

30. Period for putting application in order

Rule 29 | Index | Rule 31

(1) The period prescribed for the purposes of sections 18(4) and 20(1) (failure of application) is the compliance period.

(2) For the purposes of paragraph (1), subject to paragraphs (3) and (4), the compliance period is-

  • (a) four years and six months beginning immediately after1-
    • (i) where there is no declared priority date, the date of filing of the application, or
    • (ii) where there is a declared priority date, that date; or
  • (b) if it expires later, the period of twelve months beginning immediately after2 the date on which the first substantive examination report is sent to the applicant.

(3) Subject to paragraph (4), where a new application is filed the compliance period is-

  • (a) where it is filed under section 8(3), 12(6) or 37(4)-
    • (i) the period specified in paragraph (2) in relation to the earlier application, or
    • (ii) if it expires later, the period of eighteen months beginning immediately after3 the initiation date; and
  • (b) where it is filed as mentioned in section 15(9), the period specified in paragraph (2) in relation to the earlier application.

(4) Where the first observations report is sent to the applicant during the last three months of the period specified in paragraphs (2) or (3), the compliance period is three months beginning immediately after4 the date on which that report is sent.

Notes:
Time periods under Rule 30 are extendable under Rules 108(2) or [108(3)]: Schedule 4, part 2.
Discretionary extensions under 108(3) are normally allowable if the failure to meet the deadline was unintentional, but discretion may be exercised favourably in appropriate circumstances even if the unintentional criterion is not met (see MPP under section 123).

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