The Patents Rules 1995

Extensions for new applications

26.—(1) Where a new application is filed under section 8(3), 12(6), 15(4) or 37(4) after the period of sixteen months prescribed in either rule 6 or rule 15, then, subject to the following provisions of this rule,—

(a) the requirements of those rules shall be complied with at the time of filing the new application; and

(b) the requirements of paragraph 1(2)(a)(ii) and (3) of Schedule 2, in a case to which they apply, shall be complied with not later than the later of the time ascertained under the said paragraph 1(3) and the time of filing the new application.

(2) Where a new application to which the requirement in paragraph (6) of rule 6 applies is filed under section 8(3), 12(6), 15(4) or 37(4), that requirement shall be met—

(a) within the period prescribed by that paragraph; or

(b) where the earlier application is an international application, within the period prescribed by rule 6(6) as it has effect under rule 85(3) in respect of the earlier application; or

(c) if the new application is filed after the periods prescribed by subparagraphs (a) or (b), at the time of filing.

(3) Where a new application is filed under section 15(4) after—

(a) the period of sixteen months prescribed in rule 6(2) or rule 15(1); or

(b) where the earlier application is an international application, the period prescribed by rule 6(6) as it has effect under rule 85(3) in respect of the earlier application;

but within an extension of that period under rule 110(3) or (4) in respect of the earlier application, the requirements of rule 6(2) and (3), rule 6(6) or rule 15, as the case may be, shall be complied with before the end of the extended period.