Select Committee on Regulatory Reform Second Report


Appendix B, annex 2

Patent Office response to questions 23 and 24 from the House of Commons Regulatory Reform Committee: rule changes required as a consequence of amendments to be made to the Patents Act 1977 by the proposed Regulatory Reform (Patents) Order

Section of the Act
Nature of Reform
Relevant

Subsection
Purpose of Rules

5

Priority

Allowing a late declaration of priority

(2A)(b)

  • Set the time limit for making a late declaration of priority

Conditions and requirements for making the declaration

(2C)(a)

  • State the manner and form of the request
  • Provide for the request of, and filing of, evidence
  • Set fee

14

Application Formalities

New application fee

(1A)

  • Set fee

15

Date of Filing

Providing a reference to qualify for a date of filing

(1)(c)(ii)

  • State the information required for the reference to be sufficient

Description in foreign language

(2)(a)

  • Set time limit for providing translation

Late-filing of missing parts

(5)(b)

  • Set time limit for filing missing parts

Withdrawing a late-filed missing part

(6)

  • Set time limit for making the request

Using a priority document to avoid re-dating when a missing part is filed late

(7)(c)

  • State the manner and form of the request
  • Set the nature of substantiating documentation
  • Set time limits

Divisional applications (provision is renumbered but unchanged)

(9)

  • Amend existing rules to reflect re-numbering.

Filing claims and Abstract

(10)(a)

  • Set time limits for filing claims and abstract

Substantiating a reference used to obtain a date of filing

(10)(a)(i)

(10)(a)(ii)

  • Set time limits for filing description and substantiating documentation
  • Set the nature of substantiating documentation.

Paying (new) application fee

(10)(b)

  • Set time limit for paying (the new) application fee

Initiating and paying for search

(10)(c)

  • Set time limit for initiating and paying for the search

17

Search

Search (changes consequential on separation from preliminary examination)

17(1)(c)

  • State the manner and form of the request
  • Set fee
20A

Reinstatement

Conditions and requirements for making request

(1)(2)

  • State the manner and form of the request
  • Provide for the request of, and filing of, evidence
  • Set fee

Consequentials

-

  • Revise rule 110 to provide sharp demarcation between extension of time and reinstatement

22

National Security

Filing applications the publication of whose contents are potentially prejudicial to the defence of the realm

(1B)

  • Set the physical requirements and procedure to be used.

117B

Extension of

Specified Periods

Conditions and requirements for making request

(2)(b)

  • State the manner and form of the request
  • Set time limits
  • Set fee


 
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