Article 5 Citation and commencement

For paragraph (1) of rule 34, there shall be substituted the following paragraphs—

“(1)

Subject to the provisions of paragraph (2) below and of rule 83(3), for the purposes of sections 18(4) and 20(1), the period within which an application for a patent shall comply with the Act and these Rules—

(a)

subject to sub-paragraphs (b) and (c) hereof and paragraph (1A) below, shall be—

(i)

the period of four years and six months calculated from its declared priority date or, where there is no declared priority date, from the date of filing of the application; or

(ii)

the period of twelve months calculated from the date the first report under section 18 in respect of that application is sent to the applicant,

whichever expires the later;

(b)

in the case of a new application for a patent arising from and made in accordance with an order of the comptroller under section 8(3), 12(6) or 37(4), shall be—

(i)

the period of four years and six months calculated from the declared priority date for the earlier application or, where there is no such declared priority date, the date of filing of the earlier application; or

(ii)

the period of eighteen months calculated from the actual date of filing of the application,

whichever expires the later;

(c)

subject to paragraph (1A) below, in the case of a new application under section 15(4), shall be—

(i)

the period of four years and six months calculated from its declared priority date or, where there is no declared priority date, from the date of filing of the earlier application; or

(ii)

the period of twelve months calculated from the date the first report under section 18 in respect of the earlier application is sent to the applicant,

whichever expires the later.

(1A)

Where the first report under section 18 is not sent to the applicant before the expiry of the periods prescribed by sub-paragraphs (a)(i) and (c)(i) of paragraph (1) above, those periods shall be extended to the date that report is sent to the applicant and the periods specified by sub-paragraphs (a)(ii) and (c)(ii) of paragraph (1) shall then apply.”.