'Possible' error your section on Priority in the 2009

[RMCDOUGALL]

Dear Doug - great book - good for revision for P2.

I think there is a little quirk in the priority section that may need ironing out:

On page 11, in discussing late declarations under rule 7, you state that you "must declare priority at the same time as filing the application" - I don't think this is correct......


I see it this way:

If you unintentionally forget to file your UK application with 12 months of your earliest priority application then you must do 3 things:

1) File the UK patent application within 2 months after the 12 months priority window.
2) Make a REQUEST to the Comptroller IN WRITING for permission to make a late declaration. The request must be filed within 2 months after the 12 months priority window [R7(5)].
3) File the declaration on PF3 (with fees + possible evidence) at the same time as making the REQUEST [R7(9)] (NOT necessarily at the same time as filing the application)

i.e. you can file the UK application late on one day then file the request AND the declaration on the next day

I can not find anywhere that says that you MUST file the declaration when you file the UK application………..however - I stand to be corrected

[Doug(Mod)]

Thanks - You are right.

At the time I think I oversimplified things in summarising the situation.

I'll update the next edition.

Cheers,

Doug