FD1 - Correcting errors Flashcards
Who may oppose a requested correction?
Anyone
Will a request to correct a withdrawal be published by the Comptroller?
Yes - When the request is to correct a withdrawal
AND the application itself has already been published
AND the withdrawal has been published
How must a request for correction of a translation/copying/clerical error be made?
In writing, identifying the proposed correction
Is evidence required to support a request to correct a translation/copying/clerical error?
Not required but may be requested by comptroller
What are the requirements for correction to a specification?
The correction should be obvious to make
Immediately obvious that nothing else could have been intended
What is the test for correction errors in the description?
Must be clear that there is an error
Must be clear that what is now offered is what was originally intended
Are requests for correction always advertised in the OJ?
No - if the request is unobjectionable it will not be advertised. If the request is not unobjectionable, it will be published in the OJ and can be opposed by third parties within 4 weeks
What is the effect of correction?
The document is deemed to have always been in the state post-correction
Can the comptroller correct irregularities?
Yes - the comptroller may correct any irregularity of procedure by the UKIPO
What should you do if the UKIPO has not notified the client of a deadline?
Request an extension to the deadline if it was the UKIPO’s fault - comptroller can grant any length of extension
What happens if no address for service is provided?
If the comptroller has sufficient information to contact the person, they will direct the person to provide an address for service within 2 months.
If not provided, the application is considered withdrawn
When is the recipient of a communication deemed notified by the UKIPO?
On the date the communication is made/letter is posted
