# The Patents (Amendment) Rules 2007, Article 3: Late declaration of priority for international application for a patent (UK)


(1) Rule 6A (request to the comptroller for a late declaration) is amended as follows.
(2) After paragraph (1) insert—
“(1A) Subject to rule 85(3A), a request under section 5(2B) may only be made before the end of the period allowed under section 5(2A)(b).”.
(3) For paragraph (2) substitute—
“(2) A request under section 5(2B) shall be—
(a) made on Form 3/77; and
(b) supported by evidence of why the application in suit was not filed before the end of the period allowed under section 5(2A)(a).
(2A) Such a request may only be made where—
(a) the condition in paragraph (3) is met; or
(b) the request is made in relation to an international application for a patent (UK).”.
(4) Rule 85 (international applications for patents) is amended as follows.
(5) After paragraph (3) insert—
“(3A) Where an international application for a patent (UK) has begun the national phase, a request may be made under section 5(2B) before the end of the period of 1 month beginning with the date the national phase of the application begins.”.
(6) The amendments made by this rule shall not apply to any international application for a patent (UK) which began the national phase of the application before the coming into force of these Rules.

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Source: https://www.legislation.gov.uk/uksi/2007/677/article/3 (the official version)
Page: https://openlegislation.uk/patents-amendment-rules-2007/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.