Flashcards in Process Deck (86)
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
what is S24
Publication of Certificate of grant
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
What does S32 deal with?
The register of patents
What section details the register of patents?
what form is used to request a copy of a register entry?
PF23 with a fee
What is PF23 used for
Requesting a copy of the register for a patent when accompanied by a relevant fee.
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
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
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
What request is made on form 20
To correct or amend a name or address in the register
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
What documents does R50 allow any person to request correction of?
documents connected with registration using PF11??
R50 says in writing
how long is the delay before documents filed with the IPO appear on the register?
who can pay renewal fees
anyone can pay renewal fees
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
registration will ensure an earlier transaction will have entitlement over a later transaction
What should you think about when taking on a new client?
conflict check - money laundering checks
registering as address for service
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
What does S33 deal with?
The effect of registration of a transaction on the register
What form is used to register transactions such as assignments and licesnse
what does S36 deal with?
what section deals with co-ownership??
What does co-ownership of a patent entail?
each party posesses an equal undivided share - unless subject to an agreement to the contrary
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
to enforce the rights in the patent
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