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Date Published

Where there is a court or tribunal action relating to the patent request or specification, then the period of time for acceptance may be extended where necessary. The final date for acceptance (FDA) may be extended to a date 3 months from the day when the action is withdrawn, or finally dealt with, or a further period determined by the court or tribunal (reg 13.4(1)(h) and reg 13.4(1)(j)).

Where examiners consider that the time for acceptance will be extended, they should first consult Patent Oppositions.  If Patent Oppositions are in agreement, examiners must update the FDA in PAMS prior to creating the examination report in DocGen (see Exam Details).  A case note should also be added to the file, indicating that the FDA has changed as a result of a court or tribunal action.

Warning: The FDA should only be changed when it is appropriate to do so.  Examiners should consult Patent Oppositions before changing the FDA in PAMS.

The examination report should indicate that the FDA is a later date.  This later date is to be specified in the report as being the FDA by including an additional comment in the introductory paragraph as follows:

“The provisions of regulation 13.4(1) provide that the final date for acceptance of this application is now <insert appropriate date in bold>.”

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