5. Rule 43 of the Patents Rules is deleted and the following rule substituted therefor:“Period prescribed under section 29 (2) (b) to (e) or (4) |
43.—(1) Subject to paragraphs (2) and (3), the period prescribed for filing a request for a search and examination report under section 29 (2) (b) or a request for an examination report under section 29 (2) (c) (i), (d) (i) or (e) (i) or (4) shall be —(a) | subject to sub-paragraph (b), 21 months from —(i) | the declared priority date; or | (ii) | where there is no declared priority date, the date of filing of the application; or |
| (b) | where a new application is filed under section 20 (3), 26(6) or 47(4), 21 months from the actual date of filing of the new application. |
(2) Subject to paragraph (3), where the Registrar sends the applicant a copy of the search report under section 29 (3) (b) at any time later than one month before the expiry of the period prescribed under paragraph (1)(a) or (b), as the case may be, the period prescribed for filing a request for an examination report under section 29 (4) shall be one month from the date of the Registrar’s notification under section 29 (3) (b). |
(3) Where a request under sections 29 (7) and 30(1)(a) to extend a prescribed period under section 29 (2) (b), (c) (i), (d) (i) or (e) (i) or (4) and the corresponding prescribed period under section 30 (1) (a) is filed in accordance with rule 47A(1), the period prescribed for filing a request for a search and examination report under section 29 (2) (b) or a request for an examination report under section 29 (2) (c) (i), (d) (i) or (e) (i) or (4) shall be the prescribed extended period under section 29 (7) for performing that act. |
(4) Subject to paragraph (5), the period prescribed for filing the prescribed information relating to a corresponding application under section 29 (2) (c) (ii), the prescribed information relating to a corresponding international application under section 29 (2) (d) (ii) or a notice in Patents Form 11C under section 29 (2) (e) (ii) shall be —(a) | subject to sub-paragraph (b), 42 months from —(i) | the declared priority date of the application; or | (ii) | where there is no declared priority date, the date of filing of the application; or |
| (b) | where a new application is filed under section 20 (3), 26(6) or 47(4), 42 months from the actual date of filing of the new application, |
or the date on which section 30 (2) (c) is complied with and the prescribed fee for the grant of a patent is paid in accordance with rule 47(3), whichever is the earlier. |
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(5) Where a request under sections 29 (7) and 30(1)(a) to extend a prescribed period under section 29 (2) (c) (ii), (d) (ii) or (e) (ii) and the corresponding prescribed period under section 30 (1) (a) is filed in accordance with rule 47A(1), the period prescribed for filing the prescribed information relating to a corresponding application under section 29 (2) (c) (ii), the prescribed information relating to a corresponding international application under section 29 (2) (d) (ii) or a notice in Patents Form 11C under section 29 (2) (e) (ii) shall be —(a) | subject to sub-paragraph (b), 39 months from —(i) | the declared priority date of the application; or | (ii) | where there is no declared priority date, the date of filing of the application; or |
| (b) | where a new application is filed under section 20 (3), 26(6) or 47(4), 39 months from the actual date of filing of the new application.”. |
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