Post, Hours of Service and Excluded Days Flashcards
Can the postal system be used for communication with the UKIPO?
Yes, any notice required to be given (e.g. by the UKIPO) and any application or other documents required to be filed (e.g. by the applicant) can be sent by post
When is a UKIPO communication deemed to have been notified?
Assumed to be on the date the letter is posted. There is no equivalent to the EPO ten-day rule.
What sort of post should you advise a client to use and why?
Use registered mail as date stamps are not always legible in the event of a dispute or when wishing to use R111 (extension due to delay in communication)
Who decides the hours and days the UKIPO is open?
The Comptroller.
Such opening times may vary for different types of business.
What happens if you perform an act after the business hours of the UKIPO or on a closed day?
The act is deemed to have taken place the next open day.
Conversely, when a deadline falls on a closed day it is extended to the next open day.
When can the Comptroller certify a day an an ‘interrupted day’?
When:
- There is an interruption to normal operation at the UKIPO, or
- There is an interruption to the normal operation of postal services in the UK
Such a certification appears in the OJ.
In such circumstances, deadlines falling on an interrupted day will be extended to the next uninterrupted day.
Under R111 when might the Comptroller extend a deadline?
When satisfied that the failure to meet a deadline was wholly or mainly attributable to a delay in or failure of a communication service (e.g. post, courier, email).
NB this probably requires the communication service to be external to the applicant
