Flashcards in Post Grant Procedures Deck (107)
when is the first renewal date?
renewals are payable from the fifth year in advance on a granted patent therefore on the 4th anniversary of filing renewals become due if the patent is granted
if a renewal is not paid what date does the patent cease to have effect?
on the renewal date (the anniversary of filling not the end of the month)
When is the renewal period?
The renewal period is the three months before and including the anniversary of filing.
if the patent grants in or after the three month 4th year renewal period starts what is the renewal date?
The renewal date will be three months after the grant date
if the patent grants in or after the three month 4th year renewal period starts what is the renewal period?
The renewal date is three months from the grant date in this case and the renewal period is the threemonths preceeding and including the month in which the renewal date falls.
What form do you use to pay the renewal fee
What do you use PF12 for?
paying renewal fees
how long is the grace period for paying a rewnewal fee after the renewal period?
what form is used to pay the renewal fee in the grace period
PF12 but including an applicable late fee.
What is the late fee if paying the renewal fee in the grace period?
There is no late fee in the first month and the fee is £24 in the second month and eccrues £24 per month thereafter
if the patent grants later than the second renewal fee is due (5th anniversary) what occurs
if the patent grants later than the second renewal fee is due (5th anniversary) on grant all the outstanding renewal fees must be paid.
If a UK(EP) patent is revoked and reinstated by the EPO and a renewal fee becomes due in this period what occurs?
The renewal fee becomes payable during a modified renewal period of 2 months from reinstatement R41A
What section deals with post grant amendment?
S27 voulentary and S75 during litigation
What does S27 deal with
Post grant amendment.
What effect do post grant amendments have?
The are retroactive to grant
What are the limitations on post grant amendments/
They can not broaden the scope of coverage
What does S26 deal with?
Granted patent immunity from Unity objections
Which section states a granted patent is immune from objections based on Unity?
What is the process for amending a patent under S27 and S75
Make a request in writing
Identify the proposed amendment
Give reasons for this amendment
What section deals with restoration of a lapsed patent?
What does S28 deal with?
restoration of a lapsed patent
what form is used for applying to restore a lapsed patent under S28
What is PF 16 used for?
Applying to restore a lapsed patent
When can a patent be restored
for 13 months after the end of the 6 month grace period
what will occur if a renewal fee has not been paid at the end of the extended period?
The patent will cease to have effect from the renewal date (anniversary of filing)
third party rights start ecruing
the comptroller must before a period of six weeks from the end of the extended period send notice to the proprietor of the patent stating:
The extended period has expired and bringing to attention S28 provisions
the lapse of the patent will be published in the OJ
What should an application to restore a lapsed patent include?
PF16 and evidence that the non payment of the renewal fee was unintentional
What options does the applicant have if a request under S28 is denied?
If the request for restoration of a lapsed patent is denied the applicant can request a hearing with the comptroller within 1 month of the notice
if the S28 application on what form is not accompanied by evidence what will occur?
if no evidence the non payment of the renewal fee before the end of the extended period was unintentional was provided the comptroller will specify a period to supply it
what are the requirements of unintentional
The applicant not the agent must have not intended to allow the patent to lapse. Therefore, an error or misunderstanding can be sufficient - a change of mind after the grace period is not unintentional - however a change of mind during the grace period and then not renewing due to a misunderstanding is unintentional