Flashcards in General Deck (46)
Correction of errors in patents or applicatoins is dealt with by which section?
What is the requirement for a correction of an error in a patent or application?
The correction must be obvious (It must be clear that no other meaning was intended by the applicant at the point of filing the application). R105
THIS IS A HIGH BAR
the error is due to delivery of the application in electronic form or using electronic communications
What can be corrected under S117
Any associated documents, a translation, clerical copying errors
A patent applcation or patent
Who may request a correction under S117
What must be fulfilled if the request under S117 is for correction of the erroneous withdrawal of a patent application?
If the patent has been published
the withdrawal has been published
The comptroller will also publish the request for correction
What should not be corrected under S117
name and address of applicant or address for service S32 R49
Under what circumstances would the comptroller not publish a correction in the OJ
When the comptroller deems that no one could reasonably object
What section deals with access to patent and application documents?
When can an application and its documents be inspected and by whom?
AFTER publication anyone can request to inspect documents or request information
When can documents be inspected before publication?
IF before publication a person is notified he will infringe a patent he may request to inspect documents
Within the IPO for work flow requirements
If the EPC and the act require documents to be sent to the IPO.
If any other patent office requests documents
ALL DOCS shared inthe patent system will be kept condidential
Only the bibliographic data is requested
When is an application document withdrawn before publication be possible to view by the public?
If an application is partially or wholely replaced by a further application e.g. refiling
On publication of the second applciation anyone may request to see the first application
How long is the delay between filing and publication of documents (e.g. a request for reinstatement)
14 days after filing at the IPO
What is the proceedure before the patent office if a third party requests to see a patent application in light of being notified he infrringes an unpublished application
The person can apply to view the doucment
The patent office will notify the applicant
The applicant has 14 days from notification to respond
The applicant may inform the patent office that the conditions do not exist (there has been no accusation of infringement)
absent such indication the comptroller will issue the information
What documents can not be requested to be kept confidential to the comptroller?
Patent forms and any request for an opinion under S74A
what is PF 49 used for?
Request to be notified of a relevant event (known as a caveat)
What does S119 deal with?
Service By Post
What section deals with service by post?
what is the universally accepted method of communication with the IPO
Any notice or documents to be given to the IPO can be sent by post
This includes any commercial post/courier company
If relying on postal services what is good practice?
Post using registered mail so a posting date is known and thus an extension under R111 is known
What extensions are available inlight of communication break down?
Under R111 if there is a malunction or delay in any communication system post/electronic/courrier that results in a missed deadline or act not being completed the Comptroller has discretion to extend the deadline as he sees fit.
What does S120 deal with?
Hours of service and Excluded days
what section deals with hours of service and excluded days
What occurs if you fulfill an act after the working hours of the IPO
it is deemed to have been received the next open day
What occurs if a deadline falls on a day the IPO is closed
The deadline is deemed to be the next open day
What occurs if a day is deemed to be an interrupted day by the IPO?
Any deadline falling on this day will be moved to the next uninterrupted day R110
What can cause a day to be classified as an interrupted day under R110
if there is an interruption to normal working at the IPO
there is an interruption to the normal working of the postal service
What is dealt with by R111
Extensions due to delays in communication services
eg mail/courier/electronic communications
What are the IPO hours of business for filing new applications not claiming priority
All days all times
What are the IPO hours of business for filing new applications which claim priority?
Monday to Friday 24 hrs