30.—(1) The period prescribed for the purposes of sections 18(4) and 20(1) (failure of application) is the compliance period.
(2) For the purposes of paragraph (1), subject to paragraphs (3) and (4), the compliance period is—
(a)four years and six months [F1beginning immediately after]—
(i)where there is no declared priority date, the date of filing of the application, or
(ii)where there is a declared priority date, that date; or
(b)if it expires later, the period of twelve months [F2beginning immediately after] the date on which the first substantive examination report is sent to the applicant.
(3) Subject to paragraph (4), where a new application is filed the compliance period is—
(a)where it is filed under section 8(3), 12(6) or 37(4)—
(i)the period specified in paragraph (2) in relation to the earlier application, or
(ii)if it expires later, the period of eighteen months [F3beginning immediately after] the initiation date; and
(b)where it is filed as mentioned in section 15(9), the period specified in paragraph (2) in relation to the earlier application.
(4) Where the first observations report is sent to the applicant during the last three months of the period specified in paragraphs (2) or (3), the compliance period is three months [F4beginning immediately after] the date on which that report is sent.
Textual Amendments
F1Words in rule 30(2)(a) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
F2Words in rule 30(2)(b) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
F3Words in rule 30(3)(a)(ii) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
F4Words in rule 30(4) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)