Study Guide to the Patents Acts (2021)

Page 271

GB Timelines

4.4.2  GB Application (Claiming Priority): Timeline Deadline

Action

Extensions / Safeguards

0 months

File priority application.

12 months from priority

File an application comprising a request, applicant ID and a description or file a reference to an earlier relevant application (s15(1)). Also file any referenced figures. Use PF1.

s5(2B): Can file an application up to 14 months after priority with comptroller’s permission if can prove lateness unintentional. s15(5-7): two months from notification to add missing parts without changing filing date if they can be shown to be present in the priority application. S120(2): The priority year extends to the next open day.

12 months from priority or two months from filing

File claims and abstract if not done at filing (in practice there is a serious risk of adding matter).

R108(2): two months extension as of right using PF52 and £135. R108(3): discretionary extensions may be possible in certain circumstances. s20A: Possible to reinstate if unintended and miss R108(2) extension. Use PF14, and pay £150 (same applies in each case below).

12 months from priority or two months from filing

File request for search. Use PF9A or AF1 (or PF1 if requested when filing application). Pay search fee and any excess (>25) claim fees.

R108(2): two months extension as of right using PF52 and £135. R108(3): discretionary extensions may be possible in certain circumstances. s20A: Possible to reinstate if unintended & miss R108(2) extension.

Pay application fee. 16 months

File declaration of inventorship using PF7 .

R108(2): two months extension as of right using PF52 & £135. R108(3): discretionary extensions may be possible in certain circumstances. s20A: Possible to reinstate if unintended & miss R108(2) extension.

16 months

Declare priority if not done at filing (cannot extend deadline) – but must declare at filing if using late filing under s5(2B). File certified copy of priority application.

(Note s20A does not apply since only priority lost, not application). For certified copy and file No.; R108(2): two months extension as of right using PF52 and £135, then R108(3).

Study Guide to the Patents Acts (2021 edition)

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