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Law paper > EP(GB) PCT(GB) > Flashcards

EP(GB) PCT(GB) Flashcards

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1
Q

What section deals with the effect of an EP patent in the uk

A

S77

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2
Q

What is required for an EP granted patent to come into effect in the UK

A

Nothing the effect is automatic
UNLESS
the GB designation has been intentionally dropped (by default all contractings states of the EPC are designated on the request for an EP patent form 1002

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3
Q

What law governs an EP(GB) patent?

A

UK and EP law

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4
Q

What acts at the EPO can affect an EP(GB) patent?

A 
Opposition proceedings
OR
Revocation proceedings
OR
Central amendment
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5
Q

By virtue of the london agreement what are the translation requirements in the UK for a granted EP patent

A

There are none!
London agreement signatories that have a national language in common with the languages of the EPC do not require a translation of the patent (claims are obviously in (FR, DE, GB)
In the case of proceedings the country may require a certified translation

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6
Q

what countries have signed up to the london agreement?

A

Have a language in common and don’t require translation

Belgium
France
Germany
Ireland
Liechtenstein
Luxembourg
Monaco
Switzerland
United Kingdom
Following countries don't have a language and require translation of claims into the local language
Albania (Albanian)
Croatia (Croatian)
Denmark (Danish)
Finland (Finnish)
North Macedonia (Macedonian)
Hungary (Hungarian)
Iceland (Icelandic)
Latvia (Latvian)
Lithuania (Lithuanian)
Netherlands (Dutch)
Norway (Norwegian)
Sweden (Swedish)
Slovenia (Slovene)
The following countries require translation of the spec in English
Albania
Croatia
Denmark
Finland
Hungary
Iceland
Netherlands
Norway
Sweden
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7
Q

What is the effect if an EP patent is revoked and then restored by the EPO including revolked by the board of appeal and restored by the enlarged board of appeal?

A

third party rights can ecru from the point the patent is revoked until publication of restoration of the patent is publised in the EP OJ - same rights apply as in the UK - no extension or transfer of rights but may contunue doing the act or the act for which serious and effective preparations had been made.
AND
any fees that were outstanding on revokation and became outstanding during the period the patent is revoked must be paid within the prescribed period

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8
Q

What is the effect of filing and EP(GB) application?

A

The EP filing date will be treated as a UK filing date

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9
Q

What is the effective publication date of an EP(GB)

A

It is the publication date of the EP application - S69 provisional protection does not apply unless an english translation of the claims are sent to the UKIPO

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10
Q

What is the effective publication date of a PCT(EP)(GB)

A

If the PCT publishes in a langage of the EPO then the publication date is the date of publication of the pct.
OR
if the language of publication of the PCT is not EPO language then publication is only valid for provisional protection if a translation in an EPO language is filed at the EPO if not provisional protection does not start till the application is published by the EPO once translated after filing.

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11
Q

What is the Authentic text of a EP(GB)

A

In front of the EPO it is the language of proceedings
FOR GB PROCEEDINGS
The English translation
UNLESS
revocation proceedings in which case it is the language of the proceedings in front of the EPO

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12
Q

what is the procedure if there has been an error in translation of the claims?

A

if the claims confer narrower protection a corrected translation can be filed.
THE BROADER CLAIMS ARE NOT RETROACTIVE
If a 3rd party has been working the invention and now infringes they may continue as for S28A

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13
Q

When can an EP application be converted into a GB?

A

If the application has not been forwarded to the EPO within 14 months of priority
AND
The applicant requests conversion within 3 months of notification of loss of rights + pays application fee and files translation if required within 2 months S15(10)
OR
a request is forwarded from the office of another EP contracting State within 20 months + pay application fee, declare inventor, pay search fee and file translation within 4 months

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14
Q

When a EP(GB) is filed when does examination have to be requested?

A

2 years from filing or priority

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15
Q

What is the effect of filing a PCT application?

A

it is treated as a GB application
UNLESS
GB designation is withdrawn or deemed so in the GB phase
UNLESS
this withdrawal is due to a PCT body error or failure of an RO to forward an application in time or where a missed deadline could have been extended by R107 or R108 UKPA
OR
if PCT is refused a filing date due to an error by a PCT body the comptroller may grant a filing date as he directs

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16
Q

What section deals with the effects of an international application

A

S89

17
Q

When does the GB national phase begin?

A

31 months from priority and an english translation is filed with the UKIPO
OR
if early national phase entry is requested and an english translation is filed with the IPO
AND
the national fee is paid £30+ £12 for translation

18
Q

What occurs if the criteria for national phase entry are not met?

A

The application is deemed withdrawn

19
Q

When will a national phase application publish?

A

as soon as the fee has been paid and the translation received if required

20
Q

What must occur for national phase amendements to be included in the natinal phase filing?

A

The amendment and a translation thereof must be filed on entry tot he national phase or the amendment will be disguarded.

21
Q

what is required for early national phase entry

A

If not yet published the applicant must translate the request and the abstract
pay the national fee £30

22
Q

What is the deadline for filing translations of any amendments on national phase entry IF the application has been translated and filed in time for the 31 month deadline?

A

3 months from notification

23
Q

When does the US national phase begin?

A

30 months from priority

24
Q

When does the JP natinoal phase begin

A

30 months from priority

25
Q

When does the EP national phase begin?

A

31 months from priority

26
Q

What fees must be paid on national phase entry and what is the deadline?

A

designation of inventor, search and exam fees, excess claims and pages fees, all must be paid within 2 months of entry.

27
Q

Can national phase entry be extended?

A

Yes by two months under R108(2)
AND
reinstatement under S20A may also be possible if the national filing deadline is missed unintentionally

28
Q

What is required for a PCT GB to recieve provisional rights under S69

A

The application must have been published in english or claims sent to the infringer in english

Law paper (13 decks)

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