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Flashcards in Post Grant Procedures Deck (107)
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1

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

2

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)

3

When is the renewal period?

The renewal period is the three months before and including the anniversary of filing.

4

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

5

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.

6

What form do you use to pay the renewal fee

PF12

7

What do you use PF12 for?

paying renewal fees

8

how long is the grace period for paying a rewnewal fee after the renewal period?

six months

9

what form is used to pay the renewal fee in the grace period

PF12 but including an applicable late fee.

10

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

11

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.

12

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

13

What section deals with post grant amendment?

S27 voulentary and S75 during litigation

14

What does S27 deal with

Post grant amendment.

15

What effect do post grant amendments have?

The are retroactive to grant

16

What are the limitations on post grant amendments/

They can not broaden the scope of coverage

17

What does S26 deal with?

Granted patent immunity from Unity objections

18

Which section states a granted patent is immune from objections based on Unity?

S26

19

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

20

What section deals with restoration of a lapsed patent?

S28

21

What does S28 deal with?

restoration of a lapsed patent

22

what form is used for applying to restore a lapsed patent under S28

PF16

23

What is PF 16 used for?

Applying to restore a lapsed patent

24

When can a patent be restored

for 13 months after the end of the 6 month grace period

25

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)
THEREFORE
third party rights start ecruing
AND
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
AND
the lapse of the patent will be published in the OJ

26

What should an application to restore a lapsed patent include?

PF16 and evidence that the non payment of the renewal fee was unintentional

27

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

28

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

29

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

30

What occurs if an application under S28 is successful

If an application to restore a lapsed patent is successful - The applicant must file a PF12 pay all outstanding fees in the prescribed time - normally 2 months