Applications for patent restoration and amendment after acceptance

To ensure that applications for amendment after acceptance under the Patents Act 1953 (section 38) and restorations (sections 35, 36 and 37) are received and dealt with efficiently the following points should be noted.

Cover letters accompanying an initial application, filed under sections 35 to 38, should contain a direction “For the Attention of Business Support”, rather than being directed to a named patent examiner.

Additionally, an indication of the type of request applied for would also be useful in the subject matter line e.g. “RESTORATION section 35” or “AMENDMENT AFTER ACCEPTANCE section 38”.

After the initial application for restoration or amendment after acceptance has been reviewed by an examiner, if there are any outstanding issues raised by the examiner, further correspondence may be directed to the named examiner. However, the applicant is requested to also clearly indicate that the further correspondence relates to a restoration or amendment after acceptance as appropriate (as noted above).