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 [[2007 Rule 108#r108_1|r108(1)]] (discretionary) treated as withdrawn: [[s15(10)]]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 (discretionary) treated as withdrawn: [[Section 18|s18(1)]]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)
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