This Statutory Instrument has been printed to corre ct errors in S.I. 2007/3291 and is being issued 
free of charge to all known recipients of that Stat utory Instrument. 
S T A T U T O R Y  I N S T R U M E N T S  
2014 No. 578 
PATENTS 
The Patents (Amendment) Rules 2014 
Made - - - - 8th March 2014 
Laid before Parliament 12th March 2014 
Coming into force - - 6th April 2014 
The Secretary of State makes the following Rules in  exercise of the powers conferred by section 
123 of the Patents Act 1977( a). 
Citation and commencement 
1.  These Rules may be cited as the Patents (Amendment ) Rules 2014 and shall come into force 
on 6th April 2014. 
Substitution of rule 19 of the Patents Rules 2007 
2. —(1) The Patents Rules 2007( b) are amended as follows. 
(2)  For rule 19 substitute— 
“New applications filed as mentioned in section 15(9 ) 
19. —(1) For the purposes of section 15(9)( c), a new application may only be filed in 
accordance with this rule. 
(2) A new application may not be filed if the earli er application( d) has been terminated or 
withdrawn. 
(3) Where there has not been a section 18(4)( e) notification, a new application may be 
filed before the end of the period ending three mon ths before the compliance date of the 
earlier application. 
(4) Where there has been a section 18(4) notificati on, a new application may be filed if— 
(a) the earlier application has not, prior to the d ate of the section 18(4) notification, 
been the subject of an examiner’s report which stat es that the earlier application 
does not comply with the Act and these Rules; and 
                                                                                                                                            
(a) 1977 c.37; there are amendments to section 123 wh ich are not relevant to these Rules. 
(b) S.I. 2007/3291, amended by S.I. 2011/2052; there are other amending instruments but none is relevant . 
(c) Section 15(9) of the Patents Act 1977 (c.37) was substituted by S.I. 2004/2357. 
(d) See section 15(9) of the Patents Act 1977 (c.37) for the meaning of “earlier application”. 
(e) Section 18(4) of the Patents Act 1977 (c.37) was amended by S.I. 2004/2357.  2 (b) the period of two months beginning immediately after the date of the section 18(4) 
notification has not expired. 
(5) Where an earlier application has been the subje ct of more than one section 18(4) 
notification, a reference in paragraph (4) to a sec tion 18(4) notification is a reference to the 
first of those section 18(4) notifications. 
(6) A new application must include a statement that  it is filed as mentioned in section 
15(9). 
(7) In this rule “section 18(4) notification” means  notification under section 18(4) that the 
earlier application complies with the Act and these  Rules.” 
 
 Younger of Leckie  
 Parliamentary Under Secretary of State for Busines s, Innovation and Skills 
8th March 2014 Department for Business, Innovation and Skills 
 
EXPLANATORY NOTE 
(This note is not part of the Rules) 
These Rules replace rule 19 of the Patents Rules 20 07 (S.I. 2007/3291, amended by S.I. 
2011/2052; there are other amending instruments but  none is relevant) (the “Patents Rules”). 
New rule 19 of the Patents Rules governs procedure for filing a new application for a patent out of 
material contained in an earlier application such t hat the new application is treated as having the 
same date of filing as the earlier application unde r section 15(9) of the Patents Act 1977 (c.37; 
section 15 was substituted by S.I. 2004/2357).  Suc h new applications are commonly known as 
“divisional applications”. 
In all cases, a divisional application may only be made before the earlier application has been 
granted, terminated or withdrawn (see section 15(9)  of the Patents Act 1977 and new rule 19(2) of 
the Patents Rules).  The deadline for filing a divi sional application is further influenced by 
whether the earlier application has been found to m eet the requirements for the grant of a patent 
under the Patents Act 1977. 
Where an earlier application has not been found to meet the requirements for the grant of a patent, 
the deadline for filing a divisional application is  the date three months before the compliance date 
of the earlier application (see rule 2(1) (for the meaning of “compliance date”) and new rule 19(3) 
of the Patents Rules). 
Where an earlier application has been found to meet  the requirements for the grant of a patent, the 
deadline for filing a divisional application depend s upon whether the earlier application was found 
to meet the requirements for grant after one examin ation or more than one examination under 
section 18 of the Patents Act 1977 (section 18 was amended by the Copyright, Designs and 
Patents Act 1988 (c.48), Schedule 5, paragraph 4 an d S.I. 2004/2357). 
If the earlier application was found to meet the re quirements for the grant of a patent after one 
examination, a period of two months is available fo r filing a divisional application following 
notification to the applicant of the successful exa mination.  If the earlier application was found to 
meet the requirements for grant after more than one  examination, that period does not apply and a 
divisional application cannot be filed once the app licant has been notified that the earlier 
application complies with the requirements of the P atents Act 1977 and the Patents Rules (see new 
rule 19(4) of the Patents Rules). 
A full impact assessment has not been produced for this instrument as no, or no significant, impact 
on the private, voluntary or public sectors is fore seen. 
  
  
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UK201403115   03/2014   19585 
http://www.legislation.gov.uk/id/uksi/2014/578