Deadlines

Deadlines under UK Patents Act & Rules

This page, which might look a bit complex, is intended as a quick guide to the many different deadlines applicable relating to UK patents and applications. It is necessarily very abbreviated.

Time	From	Action	Basis	Extensions	Effect if not done
-12 mo	filing	file application from which priority is claimed	s5(2A)(a)	Late declaration: [s5(2A)(b)] – 2 months ([r7(1)]</span>)	no priority
-6 mo	filing	disclosure due to breach of confidence or recognised international exhibition	s2(4), r5; delays: r110 / 111</span>	-	-
-3 mo	up to end of month for payment of renewal fee	Pay renewal fee	r37; r38</span>	+ 6 months: [s25(4)] + 13 months: [s28] & r40</span> (restoration)	terminated
-3 mo	r30</span> period	Application under [s15(9)] ('divisional')	[r19]</span>	discretionary under [[[[[[r108(1)]]]]]]</span></span>	no divisional possible
	filing	Inform controller of display at international exhibition (or in writing to receiving office on priority filing)	[s2(4)(c)]; r5(1)</span>	discretionary under [[2007 Rule 108#r108_1|r108(1)]]</span>	disclosure not disregarded
2 mo	first report being s18(4) notification sent	'Divisional' application under [[Section 15#s15_9|s15(9)]]	[[2007 Rule 19|r19]]</span>	discretionary under [[2007 Rule 108#r108_1|r108(1)]]</span>	opportunity to file divisional is lost
2 mo	notification under r12(2)</span>	file name and address of applicant, if not supplied on filing	[[r12(3)]]</span>	discretionary under [[2007 Rule 108#r108_1|r108(1)]]</span>	Refused: [[2007 Rule 12#r12_3|r12(3)]]</span>
2 mo	notification under s15(1)(c)(i)	file translation into English	r14(1); r12(9)</span>	[[2007 Rule 108#r108_1|r108(1)]] (discretionary; no more than 2 months)	Refused: [[2007 Rule 12#r12_3|r12(3)]]</span>
4 mo	filing	Certificate from international exhibition (or 32 mo from priority filing)	[[Section 2#s2_4_c|s2(4)(c)]]; r5(2); r67</span>	discretionary under [[2007 Rule 108#r108_1|r108(1)]]	disclosure not disregarded
4 mo	filing	certified (& translated) copy of earlier "reference" application	s15(10)(b)(ii); r22(3); r17(2)</span>	[[2007 Rule 108#r108_1|r108(1)]] (discretionary)	treated as withdrawn: [[s15(10)]]
6 mo	s16 publication	Request substantive examination (Form 10</span> + fee)	[s18(1)]; r28(2)</span>	[[[[[[r108(2)]]]]]] (2 mo) as of right & [[[[[108(3)]]]]]</span> (discretionary)	treated as withdrawn: [[Section 18|s18(1)]]
12 mo or 2 mo	filing / priority or filing (with priority) (whichever is later)	Claims & Abstract; application fee; description (if ref to priority doc); request for search; preliminary examination	[[Section 15#s15_10|s15(10)]]; s17; r22(1), (2) & (7)</span>	[[2007 Rule 108#r108_2|r108(2)]] (2 mo) as of right & [[2007 Rule 108#r108_3|108(3)]]</span> (discretionary)	treated as withdrawn: [[Section 15#s15_10|s15(10)]]
12 mo (if>4yr 6mo from f/p)	first report under s18	Application shall comply with Act & Rules	[r30(2)(a)]</span>	[[2007 Rule 108#r108_2|r108(2)]] (2 mo) as of right & [[2007 Rule 108#r108_3|108(3)]]</span> (discretionary)	treated as refused: [s20(1)]
12 mo	termination of application	Application for reinstatement	s20A; r32</span>	no: [[[Schedule 4(1)]]]</span>	terminated
13 mo	[[Section 25#s25_4|s25(4)]] period	Application for restoration	[[Section 28|s28]]; r40</span>	no: [[2007 Rules Schedule 4#sch4_1|Schedule 4(1)]]</span>	Patent ceases: s25(3)
14 mo	earliest priority date	Late declaration of priority (Form 3</span> + fee + reason unintentional)	[[section 5#s5_2a_b|s5(2A)(b)]]; [[2007 Rule 7#r7_1|r7(1)]]</span>	no: [[2007 Rules Schedule 4#sch4_1|Schedule 4(1)]]</span>	Priority claim unavailable
15 mo (f/p); or 1 mo (notification)	filing / priority or notification	formal drawings (period specified by comptroller under s15A(6))

Formalities Man. 5.10 & 5.18(b)</span> || r109 </span>(discretionary) || withdrawn – s15A(7) ||

16 mo	earliest priority date	certified priority document(s); declaration of inventor(s); late claim to priority	[r8(2)], [(5)]; [s13(2)] / r10(3); [r6(2)]</span>	[[2007 Rule 8#r8_2|r8(2)]], [[2007 Rule 8#r8_5|(5)]]/r10(3): [[2007 Rule 108#r108_2|r108(2)]] (2 mo) or r108(3) (discretionary); [[2007 Rule 6#r6_2|r6(2)]]: no extension: [[2007 Rules Schedule 4#sch4_1|Schedule 4(1)]]</span>	declaration disregarded (r8(1) & (2)</span>; withdrawn ([[Section 13#s13_2|s13(2)]])
18 mo (if >4yr 6mo from f/p)	filing of replacement application under s8(3), 12(6) or 37(5)	Application shall comply with Act & Rules	[r30(3)(a)]</span>	[[2007 Rule 108#r108_2|r108(2)]] (2 mo) or [[2007 Rule 108#r108_3|108(3)]]</span> (discretionary)	refused – [[Section 20|s20(1)]]
31 mo	declared priority date	National Phase entry	s89A(3); r66(1)</span>	[[2007 Rule 108#r108_2|r108(2)]] (2 mo) or [[2007 Rule 108#r108_3|108(3)]]</span>(discretionary)
4 years & 6 months	first declared priority date	Application shall comply with Act & Rules	[[2007 Rule 30#r30_2_a|r30(2)(a)]]</span>; [[http://ukpatents.wikispaces.com2007+/Rule+30#r30_3_a|r30(3)(a)]]</span>	[[2007 Rule 108#r108_2|r108(2)]] (2 mo) or [[2007 Rule 108#r108_3|108(3)]]</span>(discretionary)	refused: s20(1)