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1

What conditions need to be met to be accorded a date of filing - What section is this?

S15 (1) Documents filed that indicate a patent is sought - ideally PF1 but not essential
They identify the applicant or make it possible to contact them
The documents contain either a description or a reference to an earlier application of the applicant or predecessor including
-date of filing
-application no
-and country of filing R17

2

What language must the description be filed

any language

3

What will occur if the application does not fulfil the requirements of S15(1) - what is the deadline for response

The comptroller will contact the applicant if possible in a short time and alert the applicant of the short coming
Deadlines
2 months for identity of applicant
2 months verified translation of the text if not in English or welsh
4 months for a certified copy of an earlier application - including a translation if necessary

4

What does S15(1) detail and what happens if the conditions are fulfilled

The Section gives the requirements for according a filing date indication of application for a patent, identification of applicant, a description or ref to earlier application of applicant or predecessor
If fulfilled Comptroller will notify of date of filing and any other outstanding requirements and their deadlines to prevent withdrawal eg: lack of claims, abstract, drawings

5

What happens if the applicant files an additional drawing or text missing or not contained in the application when filed

The application is re-dated to when the missing part is filed.
UNLESS on or before the date of filing a priority document was declared under S5(2) that identifiable contains the missing part in its entirety
AND
subsequently a request is filed not to re-date the application and identifying the missing part
OR
the missing pat is with drawn before the end of the prescribed period - written notice is required

6

When can an applicant file missing parts

Between filing and preliminary Examination
OR
Within two months of notification by the Examiner of missing parts

7

What are the requirements if an application is made by reference to an earlier application

The previous application must be of the same applicant or his predecessor
The request must include:
The date of filing
application no
the country of filing
Must be certified by the authority with which it is filed or otherwise verified
A declaration that the description filed is a complete and accurate translation of the referenced application.
**Where a copy of the application is available to the Comptroller i.e. by DAS or if it is a UK application it will be treated as certified

8

When must the applicant furnish the comptroller with a certified copy of the priority document containing the missing parts?

Similar for S5 priority
A certified copy of the priority doc must be provided at the earliest of 16 months from priority or 4 months from the request from the examiner

9

What section describes the filing of a divisional application

S15(9)

10

What are the requirements for filing of a divisional application

S15(9)between filing and grant of the earlier application that has not been terminated or withdrawn R19
by the original applicant or his successor
Containing part or all of the matter of the earlier application
AND
fulfils the requirements of S15(1) identification of applicant, a description or ref to earlier application of applicant or predecessor
AND
R19 a statement that the application is filed in line with S15(9)


A NEW APPLICATION MUST BE FILED BEFORE 3 MONTHS BEFORE THE COMPLIANCE DATE

11

What are the requirements of filing a new application following a dispute?

between filing and grant of the earlier application
by the original applicant or his successor
Containing part or all of the matter of the earlier application
AND
fulfils the requirements of S15(1) identification of applicant, a description or ref to earlier application of applicant or predecessor
AND
a statement that the application is filed in line with S15(9)
AND IF WITHIN 6 MONTHS OF R30 COMPLIANCE PERIOD
abstract, claims, description (if filed by reference) and certified copy of the original application +translation must be supplied on filing


A NEW APPLICATION MUST BE FILED BEFORE 3 MONTHS BEFORE THE COMPLIANCE DATE

12

What is the deadline for filing an abstract and what is the penalty for not filing in time

R22
12 month from filling
OR
if claiming priority the later of 12 months from priority or 2 months from filing
UNLESS
The application is a new application (divisional or from a dispute S8 S12 S37) AND within 6 months of the compliance period in which case it must be on filling

13

what is the deadline for filling a set of claims and what is the penalty for not filing in time

R22
12 month from filling
OR
if claiming priority the later of 12 months from priority or 2 months from filing
UNLESS
The application is a new application (divisional or from a dispute S8 S12 S37) AND within 6 months of the compliance period in which case it must be on filling

14

When is the deadline for filing a description where an application has been filed by reference to an earlier application what is the penalty for not filing in time

R22
12 month from filling
OR
if claiming priority the later of 12 months from priority or 2 months from filing
AND
The applicant must file a certified copy (and translation if required R113(2) before 4 months from filing
UNLESS
The application is a new application (divisional or from a dispute S8 S12 S37) AND within 6 months of the compliance period in which case it must be on filling

15

If filed by reference to an earlier application what is the deadline for filing a copy of the application that complies with the relevant requirements of the rules?

4 months from filing
UNLESS
The application is a new application (divisional or from a dispute S8 S12 S37) AND within 6 months of the compliance period in which case it must be on filling

16

What is the deadline for paying the application fee

12 months from filing
OR if claiming priority
the later of 12 months from priority or 2 months from filing
UNLESS
The application is a new application (divisional or from a dispute S8 S12 S37) AND within 6 months of the compliance period in which case it must be on filling

17

What is the deadline for requesting search and paying search fee -

S15 (10) R22
12 month from filling
OR
if claiming priority the later of 12 months from priority or 2 months from filing
AND
The applicant must file a certified copy (and translation if required R113(2) before 4 months from filing
UNLESS
The application is a new application (divisional or from a dispute S8 S12 S37) AND within 6 months of the compliance period in which case it must be on filling

18

What is the deadline for filing a NEW application i.e divisional or following a dispute

The application must be filed before 3 months before the end of the compliance period for the earlier application

19

What does S15(10) deal with and what extension can be used for S15(10)?
What is the exception for this section?

All deadlines can be extended 2 months using an as of right retrospective extension under R108 (2)
EXCEPT
S15(10)(b)(ii) if the application is filed by reference to an earlier application the applcant must file a certified copy of the earlier application (and a translation if nescesary. Only Rule 108(1) - in line with filling priority docs

20

What does S15(10) deal with and what extension can be used for S15(10)?
What is the exception for this section?

All deadlines can be extended 2 months using an as of right retrospective extension under R108 (2)
EXCEPT
S15(10)(b)(ii) if the application is filed by reference to an earlier application the applcant must file a certified copy of the earlier application (and a translation if nescesary. Only Rule 108(1) - in line with filling priority docs

21

What section deals with mention of Inventor

S13

22

What is the deadline for providing the details of the inventor? And what form is used

16 months from priority
PF7

23

What details are required on PF7

The identity of the inventor
AND
The derivation of rights to the applicant

24

What is an extension under R108(1)

This is an extension at the comptroller's discretion
for deadlines NOT listed in part 1 and 2 of Schedule 4

25

What is an extension under R108(2)

This is an as of right retrospective extension of 2 months for deadlines listed in Part 2 of the Schedule 4

26

What is an extension under R108(3)

This is a discretionary extension applicable to section 2 of Schedule 4

27

What form is used to make an application?

PF1

28

When must the application fee be paid?

the later of 12 months from priority or 2 months from filing

29

What must be included in an application for a patent

A request for grant
A specification including
-description
one or more claims
drawings if refered to
an abstract
But at filing only need to satisfy S15(1)

30

Where must the subject matter of the claims of the application be supported?

by the description of the application as filed.
NOT from any priority document