PA 20A - Reinstatement of applications; PR 32 Flashcards
What does S20A concern
Reinstatement of an application
When does S20A apply
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Section 20A applies when an APPLICATION has been refused or treated as withdrawn due to missing a deadline either set by the Comptroller or the Act itself
When will an application be reinstated
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)
When will an application not be reinstated even if the requirements are met
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
Who can file for reinstatement if there are joint applicants
S20A (4)
One of joint applicants can request reinstatement unilaterally with the permission of the Comptroller
How do requests for reinstatement get monitored
S20A(5)
Notice of requests for reinstatement will be in the OJ for PUBLISHED applications (R32(4))
How will reinstatement be given
S20A(6)
Reinstatement will be by order (i.e. a direction other than a judgement)
What must the applicant do if reinstatement is approved
S20A(7)
If reinstated, the applicant must remedy the failure that caused refusal or effective withdrawal within a period specified by the Comptroller
What is the period for remedying the missed act
S20(8)
NO LESS THAN TWO MONTHS
What happens if the missed deadline act is not performed within the given time limit in reinstatement
R20A(9)
Failure to comply will result in the application being treated as withdrawn on that deadline.
What is the specified period for requesting reinstatement
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
How should reinstatement be requested
R32
(3) Using FORM 14 (and FEE)
(5) with EVIDENCE (i.e. that the failure was UNINTENTINAL)
What happens if evidence for reinstatement is not provided with the request
R32
(6) If no evidence accompanies the request, the Comptroller will specify a period to provide it
What happens if reinstatement is refused
R32
(7) if reinstatement is refused, the applicant is notified
What can the applicant do if their request for reinstatement is refused
R32
(8)
WITHIN ONE MONTH of notification, they can request to be heard by the Comptroller (i.e. request a hearing)
What happens if an applicant requests to be heard after a refusal of a reinstatement
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.
Who is notified of a decision to reinstate / refuse reinstatement
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
What does “unintentional” mean for reinstatement
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
What does unintentional not include
unintentional DOE NOT include making a first decision and changing your mind.
