6) Reinstatement & Restoration Flashcards
What is the difference between Reinstatement, Re-establishment and Restoration?
Re-instatement (UK)/Re-establishment (EP) is rescuing an app where a DL has been missed and the app is treated as:
1. Refused
2. Withdrawn
Restoration is rescuing a patent, when the renewal fee due date and GP were missed
What is the DL for requesting Re-instatement?
Is it extendable?
12M beginning immediately after the date on which the application was terminated.
No
What must be provided to Reinstate an application?
Use PF14&fee and provide
1. Reasons why the original DL was missed
2. Evidence
From both 1&2, the Comptroller must be satisfied that this was Unintentional
If the Examiner considers the reasons not good enough to warrant re-instatement/ restoration and issues a letter, what can the applicant do?
App has 1M to request a Hearing
Is the request for re-instatement published?
What about a request for restoration?
Yes, but only if the application itself has already been published
For restoration, all requests are published
In this case the request is published, the final decision allowing or refusing the request will also be advertised
Can a 3rd party oppose a Request to Re-instate the application?
No (despite it being published!) - [Is this the same with restoration]
If the application is jointly owned and is deemed withdrawn/lapsed, is one of the joint owners entitled to reinstate/restore it?
Yes (c.f., withdrawal, where you need consent by all of the joint applicants)
On what condition will re-instatement be allowed
- If UNINTENTIONAL
- Providing Applicant completes the Omitted act with 2M of allowance of re-instatement
On what conditions will restoration be allowed?
A) Evidence because Comptroller must be convinced that:
1. Missing the RF in the Renewal Period was UNINTENTIONAL
2. Missing the Grace Period DL was also UNINTENTIONAL
What is the DL for the owner to pay the unpaid/missed RF and additional fees?
Is it extendable?
Usually Within 2M of the Comptroller Notif. of allowing restoration
Yes, extendable. s117B because DL is set by Comptroller
Under what conditions does a 3P accrue continuer user rights wrt to Re-instatement/ Restoration ?
- If the application is published (applicable to re-instatement)
- If he started/ made serious & effective preps to start (in good faith) between
(i) App being deemed withdrawn/dead; and
(ii) Publication of Request to Re-instate/Restore
At what EXACT point do 3P rights accrue wrt to Re-instatement
Not until the R108(2) AOR period for requesting an Extension of the missed DL has lapsed
Important Subtlety: 3P rights do no accrue directly after the missed DL
At what EXACT point do 3P rights accrue wrt to Restoration
Not until the end of the 6M Grace period.
Important Subtlety: 3P rights do not accrue directly after missing the original RF period
What is the DL for requesting for restoration?
13M from end of grace period (last day of the month)
For the Unintentionality test, if agent intentionally misses the RF because he misunderstood from client that is what the plan was, can you restore the patent?
Clue = who is the “directing mind”
The deciding mind the is the Proprietor’s not the agent. If the proprietor has never intended on killing the patent, the restoration should be granted
