Intellectual Property

Extension of time

You can extend some time periods set in the Patents Rules 2007. Schedule 4 of the rules lists time periods and extension rules. To request an extension, you must use form 52 and the relevant fee.

You can request, in writing, an extension for anything that is not in the list, and there is no fee.

Our online form 52 can be used to extend a time period and/or file the following items late:

  • application fee,
  • statement of inventorship,
  • request for search,
  • request for substantive examination,
  • claims and abstract.

There are different extension types for different time periods.

Automatic extensions

Automatic extensions give a 2 month extension. You must request the extension within the 2 month period.

You can extend more than 1 time period for one application in the same request, but only if they extend to the same date.

Longer extensions

You may be able to get a longer extension.

For some time periods, longer extensions are restricted. These are for 2 months at a time, and you must request the extension within 2 months of the previous extension running out.

You must send evidence, such as a witness statement, to support requests for a longer extension. The evidence must show that you always intended to continue with your application, and explain why you missed the time period.

Examples of common requests for extensions of time

Commonly requested extensions of time, including the type of extension available and the required forms and fees.

Reinstatement

If we terminate your application because you miss a time period, and it is too late for an extension, you may be able to request reinstatement of your application.