Patents (Amendment) Act 2006

Extension of time limits specified by Controller.

28.— The Principal Act is amended by inserting the following section after section 118 but in Part XI:

“Extension of time limits specified by Controller.

118A.— (1) If an applicant for, or proprietor of, a patent fails to observe any time limit specified by the Controller the applicant or proprietor may request an extension of time in accordance with the prescribed requirements.

(2) Subject to subsections (5) and (6), the Controller shall grant the request, provided that the prescribed requirements are complied with.

(3) An extension of a time limit granted under subsection (2) shall expire at the end of the period prescribed for the purposes of this section.

(4) If the request for an extension of time is granted, the legal consequences of the failure to observe the time limit specified by the Controller shall be deemed not to have ensued.

(5) Where a time limit has been extended under subsection (2) any further request for an extension of time may be granted by the Controller subject to the conditions that the Controller sees fit.

(6) This section does not apply to proceedings before the Controller pursuant to Part VIII.”.