Patents Regulations 2014

117 When request for restoration of application may be made

(1)

The prescribed period for the purpose of section 126(1) of the Act within which a request under section 125 of the Act may be made is,—

(a)

in the case of a patent application that is abandoned under section 35 of the Act, 12 months after the date on which the maintenance fee becomes due under regulation 8(2); and

(b)

in any other case referred to in section 125(1) of the Act, 12 months after the date on which the application is considered void or abandoned under the Act.

(2)

If the request under section 125 of the Act is made after the period referred to in subclause (1) expires, the request must be accompanied by—

(a)

the statement required by section 126(3) of the Act; and

(b)

the evidence in support of an extension under section 126(2) of the Act.

(3)

The applicant may file further evidence in support of an extension under section 126(2) of the Act at any time within 3 months after making the request under section 125 of the Act.

(4)

If the Commissioner requires the applicant to file further evidence under section 126(4) of the Act, the applicant must file that evidence within 3 months after the date that the request for restoration is made.

(5)

The Commissioner may extend the period prescribed by subclause (3) or (4) by up to 1 month, on request by the applicant made before the end of that prescribed period.