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Flashcards in Process Deck (86)
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31

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

32

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

33

What language must application documents be filed?
What is the deadline to supply translation?

any language
two months from the Comptroller's request for a translation

34

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

35

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)

36

What Does S16 of the act deal with?

Publication

37

What section deals with Publication

S16

38

When does publication happen

As soon after 18 months from priority as possible
UNLESS
early publication is requested
OR
The application is deemed to be pertinent to national security in which case S22 will prevent publication

39

When must an application be withdrawn to prevent publication

Before preparations for publication are complete - typically 5 weeks before publication

40

What measures does early publication effect

late declaration of priority

41

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

42

what section deals with reinstatement of an applciation?

S20A

43

what is S20a

Reinstatement of an application

44

What are the requirements of S20a

A request for reinstatement must be made by the applicant on PF 14
AND
evidence must be provided such that the comptroleer is satisfied the failuire to meet the deadline was unitentional

45

What is the time limit for requesting reinstatement under S20A

12 months from the date of termination of the application

46

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

47

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.

48

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

49

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

50

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

51

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

52

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.

53

How long can the Comptroller restrict dissemination of information under S22

for upto 3 months after publication was due (21 months from prioirty).
NOTE
Under S22(5) the Secretary of state has the power to extend this period until he sees fit.

54

what are the effects of a S22 order

The application can not be diseminated or made public
THEREFORE
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
AND
the application will not grant
THEREFORE no renewal fees are due
HOWEVER
if in order for grant the government may make hardship payments if hardship can be shown.

55

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

56

what happens if you break a S22 order?

An unlimited fine or max 2 years in prison

57

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

58

What does S23 relate to?

Restrictions on overseas filings

59

Which section relates to overseas filings?

S23

60

What are the restrictions on overseas filings?

No person resident in the UK shall file an application that relates to military technology, may compromise national security or public safety outside the UK unless it has previously been filed with the UK IPO for a period of at least 6 weeks.
UNLESS
The application has previously been filed by a non uk resident overseas