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GB Timelines

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PCT Timelines

PCT Timelines

4.4.1 GB Application (No Priority): Timeline

Deadline Action

0 months File an application comprising a request, applicant ID and a description (s15(1)). Also file any referenced figures. Use PF1.

Extensions / Safeguards

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

12 months File request for search (if not done at filing). Use PF9A or AF1 (or PF1 if requested when filing application). Pay search fee and any excess (>25) claim fees.

Pay application fee.

16 months File declaration of inventorship using PF7.

~18 months Publication at or soon after 18 months. Provisional protection begins (s69).

~24 months File request for substantive examination six months after publication (if not done at filing). Pay exam fee and any excess (>35) description page fees.

2-4 years Respond to examination report by dates set by Examiner. 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.

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.

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.

Can prevent publication by withdrawing application before preparations to publish have completed – see s16.

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 and miss R108(2) extension.

s117B: Request a two-month extension to respond to report. s20A: Possible to reinstate if missed deadline unintended, but note that cannot reinstate if miss s117B extended deadline.

4.4.1 GB Application (No Priority): Timeline (continued)

Deadline

Later of 4 ½ years or 12 months from first report under s18

Action

Period for putting application in order for grant (not grant itself – grant can occur later if application is in order for grant by this time). 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. R30(4): If third-party observations are used within three months of this deadline, the applicant gets three months to respond.

Extensions / Safeguards

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.

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).

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.

Pay application fee.

16 months File declaration of inventorship using PF7 .

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. 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.

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).

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.

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.

(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).

4.4.2 GB Application (Claiming Priority): Timeline (continued)

Deadline Action

~18 months Publication at or soon after 18 months. Provisional protection begins (s69).

~24 months File request for substantive examination six months after publication. Pay exam fee and any excess (<35) description page fees.

2-4 years Respond to examination report by dates set by Examiner.

4 ½ years or 12 months from first report under s18 Period for putting application in order for grant (not grant itself – grant can occur later if application is in order for grant by this time). 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. R30(4): If third-party observations are used within three months of this deadline, the applicant gets three months to respond.

Extensions / Safeguards

Can prevent publication by withdrawing application before preparations to publish have completed – see s16.

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.

s117B: Request a two month extension to respond to report. s20A: Possible to reinstate if unintended, but note that cannot reinstate if miss s117B extended deadline.

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