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FD1 > FD1 - Filing > Flashcards

FD1 - Filing Flashcards

1
Q

When is the application fee due for a UK application?

A

The later of 12 months from priority or 2 months from filing

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2
Q

What must be provided on filing a UK application?

A

Request for grant and description, and applicant details

Claims, abstract, drawings can be provided later

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3
Q

Does the abstract form part of the SOTA?

A

No - provides technical information only

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4
Q

What happens if an applicant’s name/address is not provided?

A

Comptroller will request them and give 2 months to provide, otherwise deemed withdrawn

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5
Q

What languages can be used for filing?

A

Any - but comptroller may request a translation and give 2 months to provide

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6
Q

When is the date of filing changed by adding additional pages/drawings?

A

If between filing and preliminary examination, or within 2 months of invitation by a preliminary examiner, the applicant files the missing parts, the application will be re-dated to the date on which the missing parts were provided

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7
Q

When is the date of filing not changed by adding additional pages/drawings?

A

When priority is claimed on filing, and the priority document contains the missing parts, you can file a request in writing that the application is not re-dated and indicate where in the priority document the correct information can be found

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8
Q

When must the claims be provided?

A

Ideally on filing, but can be provided:

12 months from filing (no priority)
12 months from priority
2 months from filing (with priority)

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9
Q

When must the abstract be provided?

A

Ideally on filing, but can be provided:

12 months from filing (no priority)
12 months from priority
2 months from filing (with priority)

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10
Q

If an application is made by reference to an earlier application, when must a description be provided?

A

Ideally on filing, but can be provided:

12 months from filing (no priority)
12 months from priority
2 months from filing (with priority)

AND must be translated when submitted (if necessary)

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11
Q

When must a certified copy of a referenced application be provided?

A

4 months from filing (translation must also be provided in this window if necessary)

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12
Q

When must the certified copy of the priority document be provided?

A

16 months from priority (translation only required on request)

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13
Q

When must search be requested and the search fee paid?

A

12 months from filing (no priority)
12 months from priority
2 months from filing (with priority)

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14
Q

When is the translation due?

A

2 months after formalities examiner issues a notice

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15
Q

What happens if search fee is not paid by the deadline?

A

Application is deemed withdrawn, can request the 2 month as of right extension

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16
Q

When can a divisional be filed?

A

If the parent is still pending (has not been terminated or withdrawn) and is not filed within the last three months of the compliance period (must provide a statement identifying it as a divisional)

Can file within 2 months of the notification date of a grant notice

17
Q

What needs to be filed for a divisional?

A

Within 2 months of filing:

Declaration of inventor
Priority number
Certified copy of priority document (if not already provided for parent)
Claims
Abstract
Application fee
Request for search and search fee
Request for exam and exam fee

If in last 6 months of compliance period, provide on filing
Or within 12 months of filing parent application if still in this window

18
Q

What must be done for new application arising from entitlement disputes?

A

Must be filed within three months of comptroller’s direction and formalities due within 2 months of that filing

19
Q

What is the compliance period for applications arising from entitlement disputes?

A

Later of 4.5 years from original priority or 18 months of filing date of new application

20
Q

When is a UK application published?

A

18 months from priority (unless early publication is requested)

21
Q

If you withdraw an application before publication, will it still be published?

A

Yes, if preparations for publication have been completed (approx. 5 weeks prior to publication date) but will not become 2(3) prior art

22
Q

What is the deadline to request examination?

A

Exam request and fee are due 6 months from publication

23
Q

Can early publication be requested?

A

Yes - but will prevent a late priority claim from being added (get this in line if you are advising early publication for damages)

24
Q

If there is a lack of unity, when are further search fees due?

A

No later than three months before the end of the compliance period

25
Q

When do you pay page fees?

A

With the examination fee

26
Q

If allowance is the first communication, do you get a chance to amend?

A

Yes - two months to file divisionals and make any voluntary amendments

27
Q

How much is the grant fee?

A

Free, but any outstanding claims/page fees (i.e. due to addition during prosecution) must be paid within 2 months of the NoA

28
Q

What is the examination request deadline for PCT(GB) applications?

A

Later of 33 months from priority or 2 months from filing (extendible by the 2 months AOR)

Search fee also due here but typically refunded if IPRP can be used

29
Q

Can you accelerate prosecution?

A

Yes - need to justify the request in writing, e.g. by reason of possible infringement, investment concerns or “green channel”

30
Q

Is there a minimum time between publication and grant?

A

Yes - three months for public to file observations

31
Q

What is the compliance period for a normal UK application?

A

Later of 4.5 years from priority date or 12 months from first exam report

32
Q

What is the compliance date for a UK application arising from an entitlement dispute?

A

Later of 4.5 years from original priority date or 18 months from actual filing date of new application

33
Q

Is the compliance period extendible?

A

Yes - form and fee (extends div deadline too)

34
Q

What is the compliance period for divisionals?

A

Same as parent

35
Q

What happens if TPOs are filed in the last three months of the compliance period?

A

Applicant is given three months to respond

36
Q

What to advise the client if compliance period is approaching?

A

Deadline for responding to an exam report will be on or before the compliance deadline

Advise client that application is likely to be refused

Phone examiner and mark correspondence urgent

Consider using extension (form and fee)

37
Q

What can you do if you fail to meet the compliance deadline?

A

Application will be refused and you can appeal within 28 days

FD1 (13 decks)

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