Advice to Eversheds

Enquiry

• From: Eversheds
• Date advice given: 4 November 2011
• Enquiry type: Phone

Enquirer sought clarification on the transition from the pre-examination to the examination process.
In particular, when can an applicant or interested party comment on representations already made?

Advice given

Once the time frame in which to make a relevant representation has come to a close the appointed Examining authority will make an initial assessment of the issues raised and produce a draft timetable.

In accordance with Rule 6 of the examination Rule 2010, the Examining authority must give notice of the time, date and place of the preliminary meeting. Within that notice a draft timetable will be included and used for discussion at the preliminary meeting. The draft timetable will give an indication of when the time available to comment on representations’ already made.
Shortly after the preliminary meeting, in accordance with Rule 8 (c)(i) & (d)(i), the Examining authority will set a timetable specifying the period when an applicant/interested party will have an opportunity to comment in writing on any relevant representation or written representation.