Statutory guidance

Directions on requesting an extension of time by e-mail

Published 23 December 2004

© Crown copyright 2004

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This publication is available at https://www.gov.uk/government/publications/requesting-an-extension-of-time-by-e-mail/directions-on-requesting-an-extension-of-time-by-e-mail

1. Introduction

  1. The comptroller has made the following directions under section 124A of the Patents Act 1977 ('the Act') to direct the form and manner in which written requests made in accordance with rule 109 of the Patents Rules 2007 to extend a specified period may be made using electronic communications.

  2. These directions come into force on 1 January 2005.

  3. In these directions "e-mail request" means an electronic mail document requesting an extension of a specified period under section 117B of the Act.

2. Electronic address

  1. An e-mail request using electronic communications shall be sent to one of the following e-mail addresses [email protected] or [email protected]

  2. No document, other than an e-mail request, shall be sent to those e-mail addresses.

3. Content of email message

  1. An e-mail request shall include sufficient information to enable the comptroller to identify-
    the patent application or patent to which the request relates; and
    the specified period which is the subject of the request.

  2. An e-mail request to extend a specified period under section 117B(4) shall include a statement of the reasons for the request.

4. Format of e-mail message

  1. An e-mail request shall be in plain text (RFC822 compliant) and shall not include any attachments.

5. Illegible or incomplete email requests and infected e-mails

  1. Where part or all of an email request delivered under these directions is illegible or incomplete, the whole email request shall be treated as not complying with these directions.

  2. Where an email request delivered under these directions is reported as having a virus (or other malicious software) by the Patent Office's virus checking software, the email request shall be treated as not complying with these directions.

  3. Where an email request is treated as not complying with these directions under paragraph 9 or 10, provided the person making the request can be identified, he shall be notified of this fact by the comptroller.

6. Acknowledgment and time of delivery

  1. Where an email request has been sent in accordance with these directions, it shall be treated as delivered only after it has been acknowledged by the comptroller.

  2. The time of delivery accorded to the email request shall be that generated by the Patent Office’s internal electronic communications network (within the meaning of section 32 of the Communications Act 2003).

Ron Marchant
Comptroller-General of Patents, Designs and Trade Marks
23 December 2004

7. Guidance and notes on the directions

These notes are not part of the directions. They are intended to provide background and additional information to readers.

  • the Interpretation Act 1978 applies to these directions. Therefore, all the definitions set out in that Act apply to these directions. Further, amongst other things, generally any words importing the masculine gender include the feminine and words in the singular include the plural and words in the plural include the singular
  • where an email request is submitted which does not comply with the directions, the comptroller may treat the email request as not having been delivered (see section 124A(3) of the Act)
  • it should be noted that extensions are not available under section 117B of the Act to periods specified in relation to proceedings before the comptroller
  • the comptroller will not accept an email request that has been encrypted
  • it should be noted that the time accorded to an email request will be when it enters the Patent Office’s internal electronic communications network (email system). This will not be the exact time it was sent nor the exact time it was received by the Patent Office’s external server. An acknowledgement of receipt will normally be sent automatically
  • the processing of an email request within the Patent Office will be facilitated if the patent or patent application number is entered into the subject line of the email. For requests under section 117B(4) please also add the word “DISCRETIONARY” in capital letters
  • ‘pateot’ found at the start of the email address stands for ‘patent extensions of time.’

Any queries about this direction should be addressed to:

Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom

Telephone: +44(0)30 0300 2000
Telephone: +44(0)16 3381 4000
Minicom: +44(0)30 0020 0015

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