S.L. 417.1 · Patents Regulations (S.L. 417.1)
S.L. 417.1 ст. 32Relief in respect of time limits.
(1) Subject to subregulation (3), the Office may extend a time limit fixed for an action in a procedure before the Office in respect of an application or a patent by two months from the date of the expiration of the unextended time limit, if a request to that effect is made to the Office and filed prior to the expiration of the time limit and complies with the following requirements:
(a) be signed by the applicant or owner;
(b) contain an indication to the effect that extension of a time limit is requested, and an identification of the time limit in question.
(2) Subject to subregulation (3) and to article 46 of the Act, where an applicant or owner has failed to comply with a time limit fixed for an action in a procedure before the Office in respect of an application or a patent the Office shall continue to process that application or patent and, if necessary, the applicant or owner shall have his rights reinstated with respect to that application or patent, if:
(a) a request to that effect is made to the Office signed by the applicant or owner containing an indication to the effect that relief in respect of non-compliance with a time limit is requested, and an identification of the time limit in question;
(b) the request is filed, and all of the requirements in respect of which the time limit for the action concerned are complied with, within two months after a notification by the Office that the applicant or owner did not comply with the time limit fixed by the Office.
(3) Under subregulations (1) and (2) the Office shall not grant:
(a) a second, or any subsequent, relief in respect of a time limit for which relief has already been granted under subregulation (1) or (2);
(b) relief for filing a request for relief under subregulation
(1) or (2) or a request for reinstatement under article 46 of the Act;
(c) relief in respect of a time limit for the payment of maintenance fees;
(d) relief in respect of a time limit referred to in article 22(4) of the Act and regulation 33;
(e) relief in respect of a time limit for an action in inter partes proceedings.
(4) A fee in accordance with the Schedule shall be payable for requests under subregulations (1) and (2).
(5) A request under subregulation (1) or (2) may not be refused without the applicant or owner being given the opportunity to make observations on the intended refusal within a reasonable time limit.
Ссылается на
- S.L. 417.1 ст. 22
- S.L. 417.1 ст. 46