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8. For rule 111 there shall be substituted—
111.—(1) The comptroller may certify any day as an interrupted day where—
(a)there is an event or circumstance causing an interruption in the normal operation of the Patent Office; or
(b)there is a general interruption or subsequent dislocation in the postal services of the United Kingdom.
(2) The comptroller shall, where the time for doing anything under the Act or these Rules expires on an interrupted day, extend that time to the next following day not being an interrupted day (or an excluded day).
(3) Any certificate of the comptroller given under paragraph (1) shall be posted in the Patent Office and advertised in the Journal.
(4) In this rule—
“excluded day” means a day specified as an excluded day in directions given under section 120(1); and
“interrupted day” means a day which has been certified as such under paragraph (1).
111A.—(1) The comptroller shall extend any period of time specified in the Act or these Rules where he is satisfied that the failure to do something under the Act or these Rules was wholly or mainly attributable to a delay in, or failure of, a communication service.
(2) Any extension under paragraph (1) shall be—
(a)made after giving the parties such notice, and
(b)subject to such conditions,
as the comptroller may direct.
(3) In this rule “communication service” means a service by which documents may be sent and delivered and includes post, facsimile, email and courier.”.
Section 120 was amended by section 16(1) of, and paragraph 24 of Schedule 2 to, the Patents Act 2004 (c. 16)
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