Flashcards in Process Deck (86)
What are the requirements for the claims
They must define the application as filed
They must be clear and concise
They must be supported by the description
If an Applicants name and address are not supplied what occurs and what is the deadline for responding
The Comptroller will request the information with a deadline of 2 months to respond
What language must application documents be filed?
What is the deadline to supply translation?
two months from the Comptroller's request for a translation
What happens if application documents are filed in a language other than english or welsh
The comptroller will request a translation
Giving a time limit of 2 months to respond
What is required for multiple inventions to have "unity"
The Inventions must share between them a technical relationship based on matching or complementary special technical features (inventive features)
What Does S16 of the act deal with?
What section deals with Publication
When does publication happen
As soon after 18 months from priority as possible
early publication is requested
The application is deemed to be pertinent to national security in which case S22 will prevent publication
When must an application be withdrawn to prevent publication
Before preparations for publication are complete - typically 5 weeks before publication
What measures does early publication effect
late declaration of priority
What occurs if an application is refused under rule 30?
The decision can be appealed under S97 within 28 days from the decision
Note the r30 compliance period can be extended 2 months as of right and in further 2 month increments at the discression of the comptroller at his discretion
what section deals with reinstatement of an applciation?
what is S20a
Reinstatement of an application
What are the requirements of S20a
A request for reinstatement must be made by the applicant on PF 14
evidence must be provided such that the comptroleer is satisfied the failuire to meet the deadline was unitentional
What is the time limit for requesting reinstatement under S20A
12 months from the date of termination of the application
If reinstated under S20Ahow long does the applicant have to remedy the cause of termination?
a period set by the comptroller of at least 2 months
If a request for reinstatement under S20A is unsuccessful what are the applicants options?
The applicant may request a hearing within one month of refusal - the request will be granted.
What are bad faith acts regarding reinstatement
bad faith acts apply IF THE APPLICATION has been PUBLSHED, are infringing acts started during the extension period or continuing from before the termination
What 3rd party rights can arise when an application is reinstated under S20A
Good faith acts apply IF THE APPLICATION has been PUBLSHED, or serious and effective preparations for acts that would other wise infringe the claims of the granted patent will be permitted to continue
Can good faith prior use rights be transfered?
only as part of the legal entity within which they resided. i.e. you would have to buy a company to gain the rights you can't just transfer
Why would an application fall fowl of S22
if an application that is first filed in the UK is prejudicial to national security or public safety
If third party obvs are received after an 18(4) communication has been sent what occurs?
The comptroller will not send the documents to the examiner. They will not be considered.
How long can the Comptroller restrict dissemination of information under S22
for upto 3 months after publication was due (21 months from prioirty).
Under S22(5) the Secretary of state has the power to extend this period until he sees fit.
what are the effects of a S22 order
The application can not be diseminated or made public
if it is a UK filing of a PCT it will not be sent to the IB
If it is a Uk filling of a EP it will not be forwarded to the EPO
the application will not grant
THEREFORE no renewal fees are due
if in order for grant the government may make hardship payments if hardship can be shown.
how often are S22 restrictions reviewed by the secretary of state?
within 9 months of filing and every 12 months thereafter - restrictions will be lifted if the secretary of state views the content of the application to be non longer relevant to national security or public safety
what happens if you break a S22 order?
An unlimited fine or max 2 years in prison
if an EP or PCT application is relevant to S22 restrictions and is not forwarded what can the applicant do
If after 14 months the application has not been forwarded by the comptroller to the relevant office - the application may be converted to a UK application
What does S23 relate to?
Restrictions on overseas filings
Which section relates to overseas filings?