Article 14 Amendment of the Patents Rules 1995

For rule 110 there shall be substituted—

“Alteration of time limits

110.

(1)

The comptroller may, if he thinks fit, extend (or further extend) any period of time prescribed by these Rules except a period prescribed by the rules listed in Parts 1 and 3 of Schedule 4A.

(2)

The comptroller may, if he thinks fit, shorten any period of time prescribed by the rules listed in Part 2 of Schedule 4A.

(3)

The comptroller shall extend, by a period of two months, any period of time prescribed by the rules listed in Part 3 of Schedule 4A where—

(a)

a request is filed on Patents Form 52/77;

(b)

no previous request has been made under this paragraph;

(c)

that request is filed before the end of the period of two months starting on the date the relevant period of time expired.

(4)

The comptroller may, if he thinks fit, extend (or further extend) any period of time prescribed by the rules listed in Part 3 of Schedule 4A where—

(a)

a request is filed on Patents Form 52/77; and

(b)

unless the comptroller otherwise directs, the person making the request has furnished evidence supporting the grounds of the request.

(5)

Where the request under paragraph (4) has been granted the comptroller shall notify the person who made the request accordingly.

(6)

Where a person is notified under paragraph (5) that his request has been granted, he shall, before the end of the period of two months starting on the date of the notification, file Patents Form 53/77; otherwise the extension granted under paragraph (4) shall have no effect.

(7)

A request under paragraph (3) or (4) for more than one period of time to be altered may only be made on single form where, if the request were granted, all the altered periods of time would expire on the same date.

(8)

Any alteration made under paragraphs (1), (2) or (4) shall be made—

(a)

after giving the parties such notice, and

(b)

subject to such conditions,

as the comptroller may direct, except that a period of time prescribed by the rules listed in Part 4 of Schedule 4A may only be extended (or further extended) for a period of two months.

(9)

Subject to paragraph (10), an extension may be granted under paragraph (1) or (4) notwithstanding the period of time prescribed by the relevant rule has expired.

(10)

No extension may be granted in relation to the periods of time prescribed by the rules listed in Part 4 of Schedule 4A after the expiry of the period of two months starting immediately after the period of time as prescribed (or previously extended) has expired.

(11)

Where—

(a)

the period within which any party to a dispute may file evidence under these Rules is to begin after the expiry of any period in which any other party may file evidence under these Rules; and

(b)

that other party notifies the comptroller that he does not wish to file any, or any further, evidence,

the comptroller may direct that the period within which the first party may file evidence shall begin on such date as may be specified in the direction and shall notify all parties to the dispute of that date.”.

After Schedule 4 there shall be inserted, as Schedule 4A, the Schedule which is set out in Schedule 1 to these Rules (new Schedule 4A to the Patents Rules 1995).