Article 8 Amendment of the Patents Rules 1995
For rules 25 and 26 there shall be substituted—
“Periods prescribed for the purposes of section 15(10) and 17(1)
25.(1)Subject to paragraph (4), the period prescribed for the purposes of section 15(10)(a) and (b)(i) shall be the relevant period.
(2)Subject to paragraph (4) and rules 81(3), 82(3), 85(7) and 85(7A)(b), the period prescribed for the purposes of section 15(10)(c) and (d) and section 17(1) shall be the relevant period.
(3)Subject to paragraph (4), the period prescribed for the purpose of section 15(10)(b)(ii) shall be the period of four months starting on the date of filing.
(4)Where a new application is filed under section 8(3), 12(6), 15(9) or 37(4) after the relevant period has expired—
(a)subject to sub-paragraph (b), the period prescribed for the purposes of section 15(10)(a) to (d) and section 17(1) shall be the period of two months starting on the initiation date; or
(b)where it is filed less than six months before the period prescribed by rule 34 is due to expire (including the expiry of any extension of that period), the period prescribed for the purposes of section 15(10) (a) to (d) and section 17(1) shall end on the initiation date.
(5)The relevant period is—
(a)where there is no declared priority date, the period of twelve months starting on the date of filing of the application; or
(b)where there is a declared priority date, the last to expire of—
(i)the period of twelve months starting on the declared priority date; or
(ii)the period of two months starting on the date of filing of the application.
Extensions for new applications
26.Where a new application is filed under section 8(3), 12(6), 15(9) or 37(4) after the expiry of the periods prescribed by rule 6B or rule 15(1) (or after the expiry of any extensions of those periods)—
(a)the requirements of rules 6 to 6B and rule 15 shall be complied with on the initiation date;
(b)the requirements of paragraph 1(2)(a)(ii), (2)(a)(iii) and (3) of Schedule 2 shall be complied with on the initiation date (or, if later, before the end of the relevant period ascertained under paragraph 1(3) of that Schedule).”.