Post, Hours of Service and Excluded Days

Question 1

Can the postal system be used for communication with the UKIPO?

Answer 1

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

Question 2

When is a UKIPO communication deemed to have been notified?

Answer 2

Assumed to be on the date the letter is posted. There is no equivalent to the EPO ten-day rule.

Question 3

What sort of post should you advise a client to use and why?

Answer 3

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)

Question 4

Who decides the hours and days the UKIPO is open?

Answer 4

The Comptroller.

Such opening times may vary for different types of business.

Question 5

What happens if you perform an act after the business hours of the UKIPO or on a closed day?

Answer 5

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.

Question 6

When can the Comptroller certify a day an an ‘interrupted day’?

Answer 6

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.

Question 7

Under R111 when might the Comptroller extend a deadline?

Answer 7

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