Study Guide to the Patents Acts (2021)

Page 232

Reading We can then file the divisional (marking it as ‘urgent’ since it inherits the R30 period

of the patent – s15(9)) before this date and preferably as soon as possible.

Since the filing date will be within the last 6 months of the R30 period (i.e. after

1st October 2019), I note that in accordance with Rule 22(6) all the requirements of

s15(10) must be met on filing (including filing claims and abstract, and payment of

filing and search/claim fees), and similarly the Examination/page fees must be paid on filing in accordance with Rule 28(6).

1st Aug 2015 Filing & priority date

R22(6) Divisionals filed 1st Oct 2019

within 6 months of R30

- 6 months

deadline must comply with all s15(10) acts at filing

1st Nov 2019 - 3 months to R30 2nd Nov 2019

1st Jan 2020 - 3 months

R19(1)(a) Deadline for filing divisional is 3 months prior to R30 period

(Today)

2nd Jan 2020 s.120(2) Default period for putting 1st

Feb 2020

R 30 Period 1st

an application in order for grant – R108 Available

April 2020

R30 + R108

222

Part 3: Guidelines for Taking FD1


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