Correction of Errors Flashcards
What sorts of errors can be corrected under s117? (Comptroller corrections)
Section 117: Correction of errors in patents and applications
The Comptroller may correct errors in translation or copying, or other clerical errors or mistakes in the patent specification or any associated documents and forms
NB consider using amendments instead if there is basis in the application as corrections can be opposed
Who can oppose a requested correction under s117?
Section 117: Correction of errors in patents and applications
Anyone
What does section 117(3) require for publication of a request of a correction related to erroneous withdrawal of an application?
Section 117: Correction of errors in patents and applications
If the application has been published, and
withdrawal has been published, then
the Comptroller will also publish the request for correction.
(s117(4) - where the 117(3) applies Comptroller must correct the error by order)
Section 117: Correction of errors in patents and applications
How is a request for correction under s117 made?
Section 117: Correction of errors in patents and applications
R105(1) - in writing, clearly specifying the correction to be made.
R105(2) - the Comptroller may request a copy of the relevant document showing the correction made.
Who can make a request for correction under R105?
No limitation - so includes the proprietor, their representative and the examiner
What is the test for correcting an error in the specification?
Two-part test:
- Must be clear there is an error
- Must be clear that what is now offered is what was originally intended
NB this only applies to the specification - non-obvious errors in other application documents can be corrected.
When will the Comptroller advertise a correction under s117?
Section 117: Correction of errors in patents and applications
The Comptroller won’t advertise it if the correction is unobjectionable.
If the correction is related to erroneous withdrawal the Comptroller must advertise the correction.
What errors can be corrected under R107?
The Comptroller may correct for any irregularity of procedure before the UKIPO if he sees fit
- If the UKIPO has messed up, the Comptroller can correct this of his/her own accord
- Use this if the UKIPO failed to notify your client of a deadline
When can extensions of due dates be obtained under R107?
Extensions will only be allowed if the UKIPO contributed wholly or in part to the irregularity
NB the Comptroller can provide any length of extension
What rule should be used for correction of names and addresses and who can make such a request?
R49 - anyone can request a correction to be entered in the register or made to any application or other document in respect of:
(a) his name
(b) his address
(c) his address for service
How is a request for correction of a name/address made?
File FORM (PF20) to update a name.
To update address or address for service, just make the request in writing.
Provide information/evidence
What happens if the Comptroller has doubts about a request for correction under R49?
The Comptroller will request further evidence or an explanation
Who must supply an address for service under R103?
Anyone who is:
(a) an applicant for the grant of a patent
(b) a person who makes any other application, reference or request or gives any notice of opposition under the act
(c) any person opposing such an application, reference, request or notice
NB:
- the address for service can be updated any time by request in writing
- the address for service must be in the UK, EEA or Channel Islands
What happens if an application is filed without an address for service?
The Comptroller will allow two months in which to provide an address (if the applicant is contactable).
(NB this period is extendable as of 1st October 2016)
If the applicant is not contactable or an address for service is not provided, the application will be deemed withdrawn.
What details are recorded on the register?
- name and address of the applicant, and the address for service
- name and address of the inventor (can be omitted)
- title, filing date, and number of the application
- date of publication
- where priority is claimed - the date, application number and country of the priority document
- lists of the various events (e.g. exam request)
- any transactions must be entered onto the register as soon as practicable
- another other details the Comptroller wants
All of these can be corrected using s117
Section 117: Correction of errors in patents and applications
