Article 21 Extensions for new applications

(1)

Where a new application is filed—

(a)

the period prescribed for the purposes of section 13(2) is—

(i)

two months F1beginning immediately after its initiation date, or

(ii)

if it expires later, the period prescribed by rule 10(3); and

(b)

the relevant period for the purposes of rule 8 is—

(i)

two months F2beginning immediately after its initiation date, or

(ii)

if it expires later, the period specified in rule 8(5),

and the reference in rule 10(3) to the date of filing of the application is a reference to the date of filing of the earlier application.

(2)

But where the new application is filed less than six months before the compliance date—

(a)

the period prescribed for the purposes of section 13(2) is the period ending with its initiation date; and

(b)

the relevant period for the purposes of rule 8 is the period ending with its initiation date.

(3)

The second requirement in Schedule 1 must be complied with—

(a)

on the initiation date; or

(b)

if it expires later, before the end of the relevant period specified in paragraph 3(3) of that Schedule.

Annotations

F1: Words in rule 21(1)(a)(i) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
F2: Words in rule 21(1)(b)(i) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)