FD1 - Missed deadlines Flashcards
What happens if a UK patent grants within three months of the 4th anniversary of filing, or later?
Renewal fee(s) due at the end of the month three months from the date of grant
When is the first renewal fee due for a UK patent?
End of the month of the 4th anniversary of filing (i.e. the renewal for the upcoming 5th year)
How far in advance can renewal fees be paid for a UK patent?
Three months
What is the grace period for renewal fees for a UK patent, and what is the procedure for using it?
Six month grace period
Form and fee, no loss of rights
Can a renewal fee be paid after the grace period for a UK patent?
Yes - if the failure to pay was unintentional.
Form and fee required
Third party rights can accrue, damages for infringement in this time are limited
When is the first renewal fee due for an EP?
End of the month of the second anniversary of filing (i.e. in advance of the third year)
What happens if an EP grants within three months of the 2nd anniversary of filing?
Renewal fee due three months from the date of grant, end of the month
What happens if the EP grants later than the second anniversary of filing?
Renewal date is next anniversary
How far in advance can you pay renewals for an EP?
Three months, except for the 3rd year renewal, which can be paid 6 months ahead
What is the grace period for an EP renewal fee?
6 months (surcharge)
Can you pay a renewal fee for an EP after the grace period?
Yes - if you can show all due care.
Can you extend deadlines at the UKIPO?
Yes - typically 2 months as of right with a further discretionary extension available on request
When must you request deadline extensions at the UKIPO?
Within two months of missing the deadline (this includes requesting a discretionary further extension)
What can you do if a deadline has been missed and no further extensions are available?
If the act was unintentionally missed, the deadline to request reinstatement is the 12 months from the missed deadline.
Form, fee, evidence
Can you extend EP deadlines?
Yes - 2 months on request for an exam report or use further processing. Re-establishment requires evidence of all due care.
