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Law paper > General > Flashcards

General Flashcards

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1
Q

Correction of errors in patents or applicatoins is dealt with by which section?

A

S117

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2
Q

What is the requirement for a correction of an error in a patent or application?

A

The correction must be obvious (It must be clear that no other meaning was intended by the applicant at the point of filing the application). R105
THIS IS A HIGH BAR
UNLESS
the error is due to delivery of the application in electronic form or using electronic communications

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3
Q

What can be corrected under S117

A

Any associated documents, a translation, clerical copying errors
OR
A patent applcation or patent

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4
Q

Who may request a correction under S117

A

Any person

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5
Q

What must be fulfilled if the request under S117 is for correction of the erroneous withdrawal of a patent application?

A

If the patent has been published
AND
the withdrawal has been published
The comptroller will also publish the request for correction

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6
Q

What should not be corrected under S117

A

name and address of applicant or address for service S32 R49

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7
Q

Under what circumstances would the comptroller not publish a correction in the OJ

A

When the comptroller deems that no one could reasonably object

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8
Q

What section deals with access to patent and application documents?

A

Section 118

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9
Q

When can an application and its documents be inspected and by whom?

A

AFTER publication anyone can request to inspect documents or request information

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10
Q

When can documents be inspected before publication?

A

IF before publication a person is notified he will infringe a patent he may request to inspect documents
OR
Within the IPO for work flow requirements
OR
If the EPC and the act require documents to be sent to the IPO.
OR
If any other patent office requests documents
ALL DOCS shared inthe patent system will be kept condidential
UNLESS
Only the bibliographic data is requested

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11
Q

When is an application document withdrawn before publication be possible to view by the public?

A

If an application is partially or wholely replaced by a further application e.g. refiling
On publication of the second applciation anyone may request to see the first application

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12
Q

How long is the delay between filing and publication of documents (e.g. a request for reinstatement)

A

14 days after filing at the IPO

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13
Q

What is the proceedure before the patent office if a third party requests to see a patent application in light of being notified he infrringes an unpublished application

A

The person can apply to view the doucment
The patent office will notify the applicant
The applicant has 14 days from notification to respond
The applicant may inform the patent office that the conditions do not exist (there has been no accusation of infringement)
absent such indication the comptroller will issue the information

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14
Q

What documents can not be requested to be kept confidential to the comptroller?

A

Patent forms and any request for an opinion under S74A

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15
Q

what is PF 49 used for?

A

Request to be notified of a relevant event (known as a caveat)

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16
Q

What does S119 deal with?

A

Service By Post

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17
Q

What section deals with service by post?

A

S119

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18
Q

what is the universally accepted method of communication with the IPO

A

Any notice or documents to be given to the IPO can be sent by post
This includes any commercial post/courier company

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19
Q

If relying on postal services what is good practice?

A

Post using registered mail so a posting date is known and thus an extension under R111 is known

20
Q

What extensions are available inlight of communication break down?

A

Under R111 if there is a malunction or delay in any communication system post/electronic/courrier that results in a missed deadline or act not being completed the Comptroller has discretion to extend the deadline as he sees fit.

21
Q

What does S120 deal with?

A

Hours of service and Excluded days

22
Q

what section deals with hours of service and excluded days

A

S120

23
Q

What occurs if you fulfill an act after the working hours of the IPO

A

it is deemed to have been received the next open day

24
Q

What occurs if a deadline falls on a day the IPO is closed

A

The deadline is deemed to be the next open day

25
Q

What occurs if a day is deemed to be an interrupted day by the IPO?

A

Any deadline falling on this day will be moved to the next uninterrupted day R110

26
Q

What can cause a day to be classified as an interrupted day under R110

A

if there is an interruption to normal working at the IPO
OR
there is an interruption to the normal working of the postal service

27
Q

What is dealt with by R111

A

Extensions due to delays in communication services

eg mail/courier/electronic communications

28
Q

What are the IPO hours of business for filing new applications not claiming priority

A

All days all times

29
Q

What are the IPO hours of business for filing new applications which claim priority?

A

Monday to Friday 24 hrs

30
Q

What are the IPO hours of business for renewing existing IP rights?

A

Monday to Friday 24 hrs

31
Q

What are the IPO hours of business for filing all forms and documents that aren’t applications or renewal?

A

Monday to Friday 24 hrs

32
Q

What are the iPO hours of business for other matters not including forms, renewing rights or applications?

A

9-5 Monday -friday

33
Q

How long does the IPO assume first and second class post will take to reach it and what is the effect therefore of this?

A

First class is 2 days and 2nd class is 4 days. Therefore, for a delay under R111 to be taken into account postage must have occurred these days before the deadline

34
Q

what section defines the extent of the invention?

A

S125

35
Q

What does S125 deal with

A

The extent of the invention?

36
Q

How is the extent of the invention defined in a UK patent?

A

Primarily by the claims then if required by interpretation from the description
NOW
It is also possible to look at the file wrapper “in limited circumstances” if it is in the “public interest”. Thus if an ambiguous point was argued by the applicant in a narrow fashion during prosecution it.

37
Q

What restriction do the claims place on infringment

A

fermenting can be literal or equivalent if a variation in the infringement is an immaterial difference that was not obviously excluded by the applicant.

38
Q

What does section 128A deal with?

A

EU compulsory licenses

39
Q

What is an EU compulsory license

A

This is a compulsory license granted for manufacturing of pharmacuticals for coutries with public health problems that do not have sufficient native manufacturing capacity/capability. Thus requiring licensing abroad for the sole purpose of export to the country in need

40
Q

What does S128 deal with?

A

Suplementary protection certificate

41
Q

What is a suplementary protection certificate?

A

From Schedule 4A a SPC gives similar protection to ap patent beyond the expiration of the patent to compensate for time lost for achieving regulatory approval.
SPC is limited to the product that achieves regulatory approval
EG new drugs may take 10 years to get to market
Or plant protection products that need environmental approval

42
Q

What is a medicine with regard to Suplementary Protection Certiicates under S128B

A

is for humans or animals and is a substance or combination of substances for treating or preventing disease, perfomring diagnosis or restoring/correcting/modifying physiological function

43
Q

What is a plant protection product eligible for a Supplementary protection certificate under the EPC

A

is a substance, micro-organism or virus for acting on plants, parts of plants or plant products or acting against harmful organisms.

44
Q

When must one apply for a suplementary protection certificate?

A

within six months of valid authorisation to place the product on the market - IF valid patent protection is in place
OR
within six months of patent grant if later.

45
Q

what is the term of a suplementary protection certificate?

A

The maximum term is five years + six months (in certain circumstances)
ACTUALLY THE LESSER OF
5 years
OR
the time between the lodging of the patent application and product certification minus 5 years

46
Q

What conditions must be fulfilled to make a Suplementary Protection Certificate come into effect.

A

The product must be patented.
The product must be certified
a SPC must be applied for by the later of within 6 months of certification or patent grant
the patent must be in force at its expiry date
The cumulative renewal fee must be paid before the due date which is the start date of the protection or within six months grace period similar to the extended period allowed for patent renewals.

Law paper (13 decks)

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