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Flashcards in Process Deck (86)
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61

What is the penalites for filing an application that may be subject to S22 restrictions overseas?

unlimited fine and up to two years in prison but only if you were aware your filing would be against S23 or you were reckless with the filing

62

what is S24

Publication of Certificate of grant

63

When is the publication of the certificate of grant?

Notice of grant is given in the OJ as soon as practical after grant publication is on a wednesday

64

What does S32 deal with?

The register of patents

65

What section details the register of patents?

S32

66

what form is used to request a copy of a register entry?

PF23 with a fee

67

What is PF23 used for

Requesting a copy of the register for a patent when accompanied by a relevant fee.

68

What is recorded in the register?

Published applications and Patents
Transactions, instruments, ro events affecting patent rights
Opinions on validity and infringement S74A
Provision of evidence/documentation
corrections of errors in registration and
publicising changes in the register

69

What does a record in the register consist of?

The applicant's name and address and address for service
the inventors' names and addresses
the title, filing date and number of the application
date of publication
priority information - filing date number and country of each document

70

what may any person apply to correct in the register? and how?

His name - File PF20
his address - in writing or
his address for service - in writing

71

What request is made on form 20

To correct or amend a name or address in the register

72

who can request a correction of an error in the register?

Any person using PF11?? Rule 50 says in writing
the request must be in writing and give sufficient information to identify the error and the correction
the comptroller will act if it is obvious an error is present other wise will request explanation and evidence R50

73

What documents does R50 allow any person to request correction of?

documents connected with registration using PF11??
R50 says in writing

74

how long is the delay before documents filed with the IPO appear on the register?

14 days

75

who can pay renewal fees

anyone can pay renewal fees

76

what is the time limit for registering an assignment or license with the IPO and what is the effect of doing so

six months or as soon as practicable
If not registered costs in infringement proceedings will not be awarded to the assignees or exclusive licensees
AND
registration will ensure an earlier transaction will have entitlement over a later transaction

77

What should you think about when taking on a new client?

conflict check - money laundering checks
registering as address for service

78

What do the S33 effects of registration apply to?

Assingment of patents or applications and rights in it
mortgage of a patent or license
grant/assignment of a license
death/dissolution of a proprietor and transfer of vested interests
court orders - transfering rights to another person
changing the name of the proporietor

79

What does S33 deal with?

The effect of registration of a transaction on the register

80

What form is used to register transactions such as assignments and licesnse

PF21

81

what does S36 deal with?

co-ownership

82

what section deals with co-ownership??

S36

83

What does co-ownership of a patent entail?

each party posesses an equal undivided share - unless subject to an agreement to the contrary

84

What unilateral rights does co-ownership give you

The right to carry out the full extent of the invention.
work the patent independently without infringing each other's rights
AND
to enforce the rights in the patent

85

What requires agreement from both co-owners

Amendment of the patent or app, revolk surrender the patent or app or assignment, mortgage or license of the patent app

86

If a single co-owner sues for infringement what are the effects on the other co-owners?

The other owners are party to the proceedings but will not be liable for costs unless they agree to it.