3.1) Deadlines & Extensions

Question 1

Section 20A
Reinstatement

Answer 1

(1) This section applies if an application has been refused. It also applies if it has been treated as refused or treated as withdrawn due to missing a deadline (but not withdrawn by the applicant themselves, as this is irreversible).

(2) The Comptroller will reinstate the application if the applicant requests it [within 12 months of termination and with form and fee] and if he is satisfied that the failure to comply by the deadline was unintentional. [The applicant must file evidence for this, and if he does not then the Comptroller will specify a period in which it must be filed. (R32)]

(3) The Comptroller will not reinstate the application if an extension for the missed deadline is still available or if the deadline relates to
(a) proceedings before the Comptroller;
(b) a late priority declaration with late filing;
(c) reinstatement itself; or
(d) a requested extension under s117B.

(4) A request for reinstatement can be made unilaterally by one of the joint applicants with the Comptroller’s permission.

(5) If the application has been published then a notice of the request for reinstatement will also be published [in the journal (R32)].

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(7, 8) If reinstatement is successful, the Comptroller will specify a period of at least two months for the applicant to do whatever they missed the first time that caused termination. [Reinstatement must be advertised in the journal. (R32)]

(9) If they miss this deadline too then the application will be treated as withdrawn (and under subsection (3) above reinstatement cannot be requested for this).

[If reinstatement is refused, the applicant can request to be heard by the Comptroller within a month of notice of refusal. (R32)]

Question 2

Section 20B
Effect of Reinstatement

Answer 2

…

(2) Anything done in relation to the application between termination and reinstatement is valid.

(3) If the application was published before termination, then any otherwise infringing act committed between termination and reinstatement is an infringement if it was done at a time when the missed deadline could still be extended or if it was a repeat of an earlier infringement.

(4) If the application was published before termination, then the usual third part rights accrue between termination and publication of the notice for reinstatement for those acting in good faith.

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Question 3

Section 117B + Rule 109
Extension of Time Limits Specified by Comptroller

Answer 3

(1-3) Any deadline specified by the Comptroller shall be extended if the applicant requests it in writing within two months of the missed deadline. The extension lasts until the earlier of two months or the end of the compliance period.

(4) If a deadline has already been extended under this section then this section can’t be used to extend it again. However, the Comptroller can nonetheless extend the deadline further subject to any conditions he thinks fit.

(5) This section does not apply to deadlines relating to proceedings before the Comptroller.

Question 4

Rule 108
Extension of Time Limits

Answer 4

[NB an annex to Schedule 4 of the Act lists a bunch of deadlines sorted into Parts 1, 2 and 3. There are other deadlines not listed in Schedule 4.]

(1) The Comptroller may extend or further extend deadlines in Part 3 or otherwise not in the Schedule as he sees fit.

(2) The Comptroller must extend Part 2 deadlines by two months if the request is filed with form and fee before the end of the two month period. The Comptroller is only obliged to do so once (i.e., he is not obliged for further extensions of the same deadline).

(3) The Comptroller may further extend Part 2 deadlines as he sees fit, if the request is filed with the form (fee payable only if the request is granted) and with evidence as to why the extension should be granted.

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(5) The discretionary extensions above are unlimited in length except for Part 3 deadlines, in which case the extensions are limited to two months.

(6) The discretionary extensions above may be requested and granted retrospectively.

[NB Part 1 deadlines are not extendable.]

Question 5

Section 119 & Rule 111
Service by Post

Answer 5

Any notice required to be given or any documents required to be filed can be sent by post.

[The Comptroller can extend any deadline which was not met because of a failure in a communication service (post, email, etc.), subject to any conditions he sees fit. (R111)]

Question 6

Section 120 & Rule 110
Hours of Business and Excluded Days

Answer 6

Anything done after opening times shall be deemed to have taken place on the next open day. Also, deadlines falling outside opening times will be extended to the next open day.

[The Comptroller can certify any day as an interrupted day if there is an interruption to normal operations at the UKIPO on that day or if there is a an interruption to the normal operation of postal services in the UK (such as a strike) on that day. Any deadline falling on an interrupted day will be extended till the next open day. (R110)]

Current opening times

• 24/7 for filing of applications not claiming priority.
• Midnight Monday to 11:59pm Friday for filing of applications claiming priority; renewal of existing IP rights; and filing of all other forms and documents.
• Monday to Friday 9-5 for any other business.