PA 117B – Extension of time limits specified by Comptroller; PR 107, 108,109 Flashcards
When does S117B apply
S117B (1)
It applied for time limits specified BY THE COMPTOLLER in connection with a patent or applications
When shall comptroller time limits be extended
S117B(2)
Subject the (4) and (5), the time limit SHALL be extended if:
a) the applicant or proprietor requests it AND
b) the request is made in writing within TWO MONTHS of the expiry of the missed time limit (r109)
When do extensions for comptroller time limits get extended to
S117B(3)
The extension lasts until the EARLIER of:
a) the prescribed extension period (TWO MONTHS)
b) the period prescribed under S20 (the Compliance period or extension thereof)
What happens if an extension has already been requested
S117B (4)
If an extension under S117B has already been used to extend a period
a) it CAN’T be used to extend the period again,
b) BUT the Comptroller has discretion to extend it further (subject to any conditions they think fit)
What time limits does S117B not apply to
S117B(5)
if does NOT apply for periods specified in relation to PROCEEDINGS before the Comptroller
How do you request an extension under S117B
Just in writing, no form or fee required
What does S117B apply and not apply to
It applies to time limits set by the Comptroller e.g. deadlines to respond to exam reports
NOT STATUTORY deadlines (where R108 is used)
How does reinstatement interact with S117B
Reinstatement excludes errors in the S117B process, as an examination report that is missed renders the application DORMANT NOT WITHDRAWN. The R30 period is still avaliable to get the application in order but this is discretionary.
What are other possible causes of extensions at the UKIPO
UKIPO closure days, postal delays and irregularities of procedure by the UKIPO
When does R108 apply for extensions
for SOME STATUTORY DEADLINES
When will the Comptroller extend statutory deadlines
R108(2)
The Comptroller SHALL extend ONCE by TWO MONTHS any period of time listed (in part 2 Schedule 4) IF the request is filed (using FORM 52) and paying the FEE before the end of that extended TWO MONTH period
What deadlines can be extended by R108
Generally those listed in part 2 of Schedule 4 but
R108(1)
The Comptroller MAY extend period OTHER THAN those listed in parts 1 and 2 of Schedule 4 upon written request
Can you request additional extensions under R108
R108(3)
The Comptroller MAY (further) extend any period of time (in part 2 Schedule 4) IF the request is filed (using FORM 52) and the requester provides evidence as to why the extension should be granted (FEE paid if request granted)
How long are discretionary extensions under R108(1) and (3)
R108(5)
they are limited to TWO MONTHS for those listed in part 3 of Schedule 4
When should discretionary extensions under R108(1) and (3) be applied for
R108
(6) may be allowed even after the deadline to be extended has expired
(7) but in the case of period listed in part 3 of Schedule 4, no later than TWO MONTHS after the expiry of the deadline
