2007 Rule 8

8. Filing of priority documents to support a declaration under section 5(2)

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(1) In respect of each priority application to which this paragraph applies the applicant must, before the end of the relevant period, furnish to the comptroller the application number of that application; otherwise the comptroller must disregard the declaration made for the purposes of section 5(2), in so far as it relates to the priority application.

(2) In respect of each priority application to which this paragraph applies the applicant must, before the end of the relevant period, furnish to the comptroller a copy of that application-

  • (a) duly certified by the authority with which it was filed; or
  • (b) otherwise verified to the satisfaction of the comptroller,

otherwise the comptroller must disregard the declaration made for the purposes of [[Section 5#s5_2|section 5(2)]], in so far as it relates to the priority application.

(3) Paragraph (1) applies to every priority application except where the application in suit is an international application for a patent (UK) and the application number of the priority application was indicated in compliance with the Patent Co-operation Treaty.

(4) Paragraph (2) applies to every priority application except where-

  • (a) the application in suit is an international application for a patent (UK) and a certified copy of the priority application was filed in compliance with the Patent Co-operation Treaty; or
  • (b) the priority application or a copy of the priority application is available to the comptroller [Rule 112].

(5) For the purposes of this rule the relevant period is sixteen months beginning immediately after1 the declared priority date, subject to rule 21. [Extendable under Rules 108(2) or 108(3): Schedule 4, part 2]

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