2007 Rule 7

7. Request to the comptroller for permission to make a late declaration under section 5(2B)

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(1) The period prescribed for the purposes of section 5(2A)(b) is two months [not extendable: Schedule 4].

(2) Subject to paragraph (4), a request under section 5(2B) must be-

  • (a) made on Patents Form 3; 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).

(3) Where that evidence does not accompany the request, the comptroller must specify a period within which the evidence must be filed.

(4) In relation to a new application, a request under section 5(2B) may be made in writing, instead of on Patents Form 3, and no evidence shall accompany it.

(5) Subject to paragraph (6) and rule 66(3), a request under section 5(2B) may only be made before the end of the period allowed under section 5(2A)(b).

(6) Where a new application is filed after the end of the period allowed under section 5(2A)(b), a request under section 5(2B) may be made on the initiation date.

(7) A request under section 5(2B) may only be made where-

  • (a) the condition in paragraph (8) is met; or
  • (b) the request is made in relation to an international application for a patent (UK).

(8) The condition is that-

  • (a) the applicant has not made a request under section 16(1) for publication of the application during the period prescribed for the purposes of that section; or
  • (b) any request made was withdrawn before preparations for the application's publication have been completed by the Patent Office.

(9) Where an applicant makes a request under section 5(2B), he must make the declaration for the purposes of section 5(2) at the same time as making that request.

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