PA 15 - Date of filing; PR 17-22 Flashcards
How is a Filing date achieved?
S15(1)
The Date of filing an application is the earliest date on which the following documents are filed:
a) an indication that a patent is sought
b) identify the applicant or enable contact with them
c) EITHER
i) something that appears to be a description OR
ii) a reference to an earlier relevant application of the applicant or their predecessor
What should a reference to another earlier application include for filing a GB application under R17
R17
It MUST include
a) the date of filing of the earlier application
b) its application numbers
c) the country it was filed in or in respect of
What doesnt matter for the description to be enough for getting a filing date
S15(2)
For an apparent description, it is IMMATERIAL whether
a) it is provided in English or Welsh
b) it otherwise complies with the acts or rules
What happens if one of the requirements under S15(1) is not fulfilled i.e. a date of filing cannot be afforded
S15(3)
If the application DOES NOT satisfy all the requirement, but satisfies at least one, the Comptroller will quickly notify the applicant as to what needs rectifying
How long does the applicant have to rectify any lack of infromation for a filing date
TWO MONTHS for identify of the applicant or translation
FOUR MONTHS for certified copy of earlier application and translation if needed
What happens if all the requirements of S15(1) are met?
S15(4)
If the application DOES satisfy the requirements of S15(1) the Comptroller will quickly notify the applicant of:
a) the date of filing and
b) any other requirements outstanding and their time limits.
When does S15(6) apply re missing parts
S15(5)
a)When the application has already got a filing date
b) but IN TIME (between filing an preliminary exam, or within two months from notification from the prelim examiner) the applicant then files:
a drawing or some text of the description (i.e. a missing part)
AND that added material was missing from the application at the date of filing
What happens if missing parts are filed later?
S15(6)
UNLESS the applicant withdraws the missing part before the prescribed period
a) the missing part shall be treated as part of the application
b) the date of filing shall be the date on which the missing part is filed i.e. RE-DATED
What is the prescribed period under S15(6) I.e. period to not have application re dated after filing missing parts
before the preliminary examination or during the two months from notification
When does the filing of missing parts not mean the date of filing is re-dated?
S15(7)
BUT S15(6) DOES NOT APPLY IF:
a) ON OR BEFORE the INITIAL filing date, a PRIORITY DOCUMENT is declared that identifiably contains the missing parts (R18), and
b) subsequently a REQUEST is made NOT THE RE-DATE,
c) in the right format and WITHIN THE PRESCRIBED TIME PERIOD (under 15(5)(b))
Does the rules about missing parts always apply
S15(8)
15(6)&(7) don’t affect the power of the Comptroller to correct errors and mistakes under S117
What is the filing date of a divisional or other new application post a dispute?
S15(9)
After filing, but BEFORE GRANT
a) a new application is filed by the applicant or their successor in accordance with the rules in respect of any part of the matter of the earlier application, and
b) the new application satisfies S15(1) without adding matter (S76)
the the new application is treated as having the same filing date as the earlier application.
When will an application be deemed withdrawn?
S15(10)
An application will be treated as WITHDRAWN IF
a) no CLAIMS/ABSTRACT
b) no DESCRIPTION of the invention or CERTIFIED COPY of the application referend to if filed with reference to an earlier application
c) the applicant fails to pay the application fee in time
d) the applicant fails to request and pay for a SEARCH under S17 in time
What is the deadline for filing claims and/or an abstract?
WITHIN 12 MONTHS, or if claiming priority then the later of 12 MONTSH FROM PRUORITY OR TWO MONTHS FROM FILING (R17)
What is the deadline for filing a description if an application is filed byreference to an earlier application
WITHIN 12 MONTHS, or if claiming priority then the later of 12 MONTSH FROM PRUORITY OR TWO MONTHS FROM FILING (R17)