91.—(1) The period prescribed for the purposes of section 40(1) and (2) shall be the period beginning with the date of grant of the patent and ending one year after the patent ceased to have effect.
(2) But if an application for restoration is made under section 28 and—
(a)the application is granted, the period prescribed under paragraph (1) shall continue as if the patent had remained continuously in effect; or
(b)the application is refused, the period prescribed for the purposes of section 40(1) and (2) shall be—
(i)the period prescribed under paragraph (1), or
(ii)if it expires later, the period of six months [F1beginning immediately after] the date on which the application was refused.
Textual Amendments
F1Words in rule 91(2)(b)(ii) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)