xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULE 2TRANSITIONAL PROVISIONS

PART 1PROVISIONS RELATING TO PENDING APPLICATIONS

Interpretation

1.  In this Part—

“the old Rules” means the Registered Designs Rules 1995(1) as they had effect immediately before the coming into force of these Rules; and

“the RRO” means the Regulatory Reform (Registered Designs) Order 2006(2).

Statement of objections

2.  Where—

(a)the registrar sent the applicant a statement of objections under rule 29 of the old Rules; and

(b)the applicant has not sent to the registrar his observations in writing on the objections,

the objections shall be treated as the “statement of objections” under rule 8 of these Rules and the date on which the objections were sent shall be treated as the date on which the applicant was notified under rule 8(1).

Period prescribed for the purposes of section 3B(3)

3.  Where—

(a)the period prescribed by rule 10 of these Rules has expired before the date on which these Rules come into force; and

(b)the period prescribed for the purposes of section 3B by rule 36A of the old Rules has not expired before the date on which these Rules come into force,

the period prescribed for the purposes of section 3B(3) shall be that mentioned in rule 36A of the old Rules.

Publication

4.  Rules 9 and 11 shall not apply where the application for registration of a design under the Act was made before these Rules come into force.

Restoration

5.  An application made in accordance with rule 41(2) of the old Rules shall be treated as made in accordance with rule 13(1) of these Rules.

Inspection of register

6.  Where the amendments made to section 22, by article 16(2)(b) and (3) of the RRO, do not apply to a registration under the Act (by reason of article 19 of the RRO), rule 69 of the old Rules shall continue to have effect in relation to that registration.

Inspection of documents

7.  Rules 29 and 30 shall not apply to any document filed at the Patent Office before these Rules come into force.

Requests for certified copies

8.  A request under rule 72 of the old Rules for a certified copy of any representation, specimen or document kept at the Patent Office shall be treated as an application under rule 33(1) of these Rules.

Invalidity proceedings

9.—(1) The time the registrar allowed under rule 53 of the old Rules for the filing of the counter-statement shall be treated as the period specified under rule 15(4) of these Rules.

(2) Where—

(a)an application for a declaration of invalidity which was made before these Rules came into force; and

(b)a counter-statement has been filed by the registered proprietor,

the registrar shall, within 28 days of these Rules coming into force, specify the periods within which any evidence may be filed, in accordance with rule 16(1).