Formalities Flashcards
Deadline to file claims and abstract (direct GB)?
Later of 12m from priority and 2m from filing.
Deadline to pay application fee (direct GB)?
Later of 12m from priority and 2m from filing.
Deadline to request search, pay search fee, and excess claims fees (direct GB)?
Later of 12m from priority and 2m from filing.
Deadline to request substantive examination and pay fee (direct GB)?
6m from publication.
Deadline to file declaration of inventorship (direct GB)?
16m from priority.
Deadline to file certified copy of priority document (non-div)?
16m from priority.
When are as of right (R180(2)) and discretionary (R108(3)) extensions not available on formalities requirements for a divisional application?
When filing a divisional application less than 6m before compliance date.
Deadline to file claims and abstract (divisional >6m before compliance)?
Later of 12m from priority and 2m from filing divisional.
Deadline to pay application fee (divisional >6m before compliance)?
Later of 12m from priority and 2m from filing divisional.
Deadline to request search, pay search fee, and excess claims fees (divisional >6m before compliance)?
Later of 12m from priority and 2m from filing divisional.
Deadline to request substantive examination and pay fee (divisional >6m before compliance)?
Later of 2m from filing of divisional and 2y from filing of parent application.
Deadline to file declaration of inventorship (divisional >6m before compliance)?
Later of 16m from priority and 2m from filing divisional.
Deadline to file certified copy of priority document (divisional >6m before compliance)?
Priority doc should already be available to UKIPO, but if not 16m from priority date.
Are as of right extensions (R108(2)) available on formalities deadlines for non-divisional applications? If so, how long?
Yes, 2m, form and fee.
Are discretionary extensions (R108(3)) available on formalities deadlines for non-divisional applications? If so, when must they be requested?
Yes, within 2m of the deadline passing (>2m requires reinstatement).
When are all formalities due for divisional applications filed within 6m of the compliance deadline?
On filing.
What are the relevant 30m states?
US, JP, CN (CN has 2m extension)
What are the relevant 31m states?
EP, GB
How can the national phase be entered into early?
By requesting early processing.
Deadline to request search, pay search fee, and excess claims fees (PCT(GB))?
Later of 12m from priority, 2m from filing, and 2m from entering national phase.
Deadline to file declaration of inventorship (PCT(GB))?
Should be mentioned in international phase, but if not later of 16m from priority, and 2m from entering national phase.
Deadline to request substantive examination and pay fee (PCT(GB))?
33m from effective date.
What is the deadline to file a divisional application?
3m before the compliance deadline, or 2m from the issue of a s18(4) communication.
What is the deadline for the compliance period?
Later of 4.5y from filing and 1y from issue of first s18(3) communication.
When can the compliance period not be extended?
When a s18(4) communication has been issued?
A divisional application is filed before 1 May 2023, what compliance period deadline will it inherit?
The extended or unextended deadline of the parent application.
A divisional application is filed after 1 May 2023, what compliance period deadline will it inherit?
The unextended deadline of the parent application (not the extended deadline). m
