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3.11.1 Extensions of Time - Section 223

Date Published

Relevant Legislation

The Act

Section 223

Extensions of time

The Regulations

Chapter 22 Part 1

Fees and costs

Reg 22.11

Extension of time

Reg 22.21

Protection or compensation of certain persons

Schedule 7



Each of the Patents, Trade Marks, and Designs Acts contain specific provisions for extensions of time.  While there are some similarities in the general principles of law applicable to granting extensions of time, the specific provisions of the individual Acts differ.  

The legal precedent for section 223 arises from extensions considered under this section of the Patents Act 1990; the corresponding provisions of section 160 of the Patents Act 1952; and, in some circumstances, under the equivalent provisions of the Trade Marks Act.

Section 223 is universally applicable, except in respect of prescribed actions (see section 223(11) and regulation 22.11).  

Regulation 22.11(1A) and (1B) deal explicitly with the situation where a request is made to do a future act, and that request is opposed.  The period of the extension must be extended by the Commissioner to cover the time lost because of the opposition.

Protection or Compensation Provisions

The provisions in section 223(9) and (10) and regulation 22.21 provide for the protection or compensation of parties who exploited an invention in a patent application that had lapsed or a patent that had ceased, but was restored as the result of an extension of time being given.  

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