58.—(1) A request under section 81(2)(b)(i) must be—
(a)made in writing; and
(b)accompanied by a copy of the notification by the European Patent Office that the application has been deemed to be withdrawn.
(2) When making such a request, a person may also request the comptroller to send—
(a)a copy of his application for a European patent (UK); and
(b)a copy of the request,
to the central industrial property office of any contracting state designated in the application.
(3) The period prescribed for the purposes of section 81(2)(b)(i) is three months [F1beginning immediately after] the date of the notification mentioned in paragraph (1)(b).
(4) Where a request has been made under section 81(2)(b)(i), the period prescribed for the purposes of sections 13(2), 15(10)(d) and 81(2)(c) is two months [F2beginning immediately after] the date on which the comptroller received that request.
(5) In paragraph (2) “contracting state” means a country which is a party to the European Patent Convention.
Textual Amendments
F1Words in rule 58(3) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
F2Words in rule 58(4) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
59.—(1) The period prescribed for the purposes of section 81(2)(b)(ii) is twenty months [F3beginning immediately after]—
(a)where there is no declared priority date, the date of filing of the application; or
(b)where there is a declared priority date, that date.
(2) Where a request, transmitted under section 81(2)(b)(ii), has been received by the comptroller, he must notify the applicant accordingly.
(3) Where a request has been transmitted under section 81(2)(b)(ii), the period prescribed for the purposes of sections 13(2), 15(10)(d) and 81(2)(c) is four months [F4beginning immediately after] the date of that notification.
Textual Amendments
F3Words in rule 59(1) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
F4Words in rule 59(3) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
60. Where an application for a European patent (UK) falls to be treated as an application for a patent under the Act by virtue of a direction under section 81, the period prescribed for the purposes of section 18(1) is two years [F5beginning immediately after]—
(a)where there is no declared priority date, the date of filing of the application; or
(b)where there is a declared priority date, that date.