PA 16 - Publication of application; PR 26 Flashcards
When are applications published
S16(1)
PENDING applications are published as soon as possible after 18 MONTHS FROM PRIORITY, or earlier if requested by the applicant. OR
if an application is withdrawn AFTER preparations to publish are complete
What is contained in a published application
S16(1)
Applications are published as originally filed, accompanied by any amendments already made to the claims.
When are preparations to publish complete
Typically about FIVE WEEKS before publication
What can the Comptroller omit from publication
S16(2)
The comptroller may omit
a) disparaging matter, and
b) immoral or offensive matter
What does publication trigger
the SIX-MONTH period in which to request substantive examination (R28, S18)
What is also published if a search has been completed
If done, documents cited in the search are dislcosed in an annex
What happens if an application is published DESPITE a request for withdrawal?
If the withdrawal request was received too late to prevent publication, it still counts as S2(2) and S3 prior art, BUT NOT as S2(3) novelty only prior art, as no double patenting will occur
What does EARLY publication impact
It impacts late priority filing provisions R7(8)
What does S22 allow for with publication
It allows for secrecy orders to PREVENT publication
What does publication give
initial protection for subsequently granted patents, so
the form of claims at publication influences any eventual rights to damages
When should early publication be requested
To increase period before grant during which damages may acrue
