PA 19 – General power to amend; PR 31 Flashcards
what is S19
General power to amend before grant
When can the applicant amend before grant
S19(1)
The applicant can VOLUNTARIY amend the application at any time before grant (subject to R31) providing they do not add matter
When can the Comptroller amend an application
S19(2)
Of their own volition to acknowledge a registered trade mark
How should amendments before grant be requested
R31
(1) in writing (identifying the amendment and reasons for it)
When can you request an amendment to an application
R31
(2) The CONDITIONS are
(3) you must wait until after the search report under S17(5) BUT can then keep amending UNTIL the first substantive exam report is issued (unless its a PCT(UK) that has received an ISR)
(4) a)IF the first report is a 18(4) ONE voluntary amendment is allowed IF done within first two months
b)i) IF first report is a 18(3) ONE amendment is allowed IF it is in reply to the report
ii) IF it is issued BEFORE PUBLICATION then can keep voluntarily amending before replying to the report.
When do the normal conditions for amendment before grant not apply
R31
(5) Subsections (3) and (4) do NOT apply where
a) the Comptroller consents to an amendments
b) the amendment concerns the actual request for grant
(6) providing the applicant provides reasons for the amendment
Is amendment the same as correction
NO
See s117
What does amendment of the application under S19 include
It covers the whole APPLICATION so includes amendment of PF1
BUT R31 (3) and (4) only apply to the specification therefore you can voluntarily amend PF1 at any time up to grant (including BEFORE the issue of the search) GIVING REASONS
What is the right to amend an application that is a PCT(GB)
R66A applies, as the ISR is an equivalent of the UKSR, you can voluntarily amend upon or after national phase entry
