Requesting an extension of time by e-mail

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.

Electronic address

4. An e-mail request using electronic communications shall be sent to one of the following e-mail addresses pateot@patent.gov.uk or pateot@ipo.gov.uk

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

Content of email message

6. 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.

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

Format of e-mail message

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

Illegible or incomplete email requests and infected e-mails

9. 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.

10. 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.

11. 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.

Acknowledgment and time of delivery

12. 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.

13. 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

For background and additional information please refer to guidance and notes on the Directions.

The reference in these Directions to the ipo.gov.uk domain name was introduced by a Direction effective from 2 April 2007.

These Directions were amended by a Direction effective from 17 December 2007 to bring them into line with the Patents Rules 2007.