PA 20A - Reinstatement of applications; PR 32

Question 1

What does S20A concern

Answer 1

Reinstatement of an application

Question 2

When does S20A apply

Answer 2

S20A(1)
Section 20A applies when an APPLICATION has been refused or treated as withdrawn due to missing a deadline either set by the Comptroller or the Act itself

Question 3

When will an application be reinstated

Answer 3

S20A(2)
The Comptroller SHALL reinstate the application ONLY if:
a) requested by the applicant
b) according to the rules
c) and the Comptroller is satisfied that the failure was UNINTENTIONAL;
(with exceptions)

Question 4

When will an application not be reinstated even if the requirements are met

Answer 4

S20A(3)
The Comptroller shall not reinstate the application if:
a) an extension remains available under the Act or Rules
b) the missed deadline relates to any of:
i) proceedings before the Comptroller,
ii) late declaration of priority with a late filing - S5(2A)(b)
iii) the reinstatement itself, or a request extension under S117B

Question 5

Who can file for reinstatement if there are joint applicants

Answer 5

S20A (4)
One of joint applicants can request reinstatement unilaterally with the permission of the Comptroller

Question 6

How do requests for reinstatement get monitored

Answer 6

S20A(5)
Notice of requests for reinstatement will be in the OJ for PUBLISHED applications (R32(4))

Question 7

How will reinstatement be given

Answer 7

S20A(6)
Reinstatement will be by order (i.e. a direction other than a judgement)

Question 8

What must the applicant do if reinstatement is approved

Answer 8

S20A(7)
If reinstated, the applicant must remedy the failure that caused refusal or effective withdrawal within a period specified by the Comptroller

Question 9

What is the period for remedying the missed act

Answer 9

S20(8)
NO LESS THAN TWO MONTHS

Question 10

What happens if the missed deadline act is not performed within the given time limit in reinstatement

Answer 10

R20A(9)
Failure to comply will result in the application being treated as withdrawn on that deadline.

Question 11

What is the specified period for requesting reinstatement

Answer 11

R32 Under S20A
(1) Reinstatement must be requested within a specified period
(2) of 12 MONTHS beginning immediately after the date of termination of the application

Question 12

How should reinstatement be requested

Answer 12

R32
(3) Using FORM 14 (and FEE)
(5) with EVIDENCE (i.e. that the failure was UNINTENTINAL)

Question 13

What happens if evidence for reinstatement is not provided with the request

Answer 13

R32
(6) If no evidence accompanies the request, the Comptroller will specify a period to provide it

Question 14

What happens if reinstatement is refused

Answer 14

R32
(7) if reinstatement is refused, the applicant is notified

Question 15

What can the applicant do if their request for reinstatement is refused

Answer 15

R32
(8)
WITHIN ONE MONTH of notification, they can request to be heard by the Comptroller (i.e. request a hearing)

Question 16

What happens if an applicant requests to be heard after a refusal of a reinstatement

Answer 16

R32(9)
Where an applicant requests a hearing, the comptroller must give him an opportunity to be heard, after which eh comptroller shall determine whether the reinstatement shall be allowed or refused.

Question 17

Who is notified of a decision to reinstate / refuse reinstatement

Answer 17

R32(10)
If the reinstatement request was published in the OJ (e.g. if the application was already published), then a decision to reinstate is also published

Question 18

What does “unintentional” mean for reinstatement

Answer 18

It generally relates to anything outside the applicant’s control, that conspired to prevent the applicant carrying out the omitted act. e.g.
discovery of an isolated mistake (at the EPO this is ALL DUE CARE)
external circumstances (force majeure) such as sudden illness, uncharacteristically long delivery times, lack of money outside applicants control

Will likely be more lenient with private applicants and solo representatives

Question 19

What does unintentional not include

Answer 19

unintentional DOE NOT include making a first decision and changing your mind.