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PROSECUTION Flashcards

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1
Q

When must search be requested and paid for

A

12 months from priority or 2 months from filling

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2
Q

What must have occurred for a search to commence

A

The Preliminary Examination under Section 15A
The Application has not been refused or withdrawn
The Search has been requested using PF9A and the Search Fee has been paid £150/170
The application includes a description and claims that comply with the language requirements

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3
Q

What form is used to request search

A

PF9A

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4
Q

What fees are due before Search carried out

A

The application fee£60/75, The search fee £150/180, Any Excess Claims fees

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5
Q

Publication starts what period

A

The six month period to request substantive examination and pay the examination fee £100/£130
AND
From receipt of the search report the applicant can amend the claims of their own volition until receipt of the first examination report

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6
Q

Why might an Examiner not conduct a search

A

They do not think it would serve a purpose given the clarity of the description of the description or the claims

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7
Q

How many claims are allowed in a UK application

A

any number of claims are allowed but more than £25 claims will attract a fee of £20 per claim for the 26th claim and upwards

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8
Q

When are excess claims fees paid

A

With the search fee. The search will not go ahead until the excess claims fees are paid.

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9
Q

What does a search consist of

A

The Examiner will attempt to identify relevant prior art
AND
The Examiner will asses the claims for unity
IF unity of invention is found to be lacking the Examiner will only search the claims relating to the first invention.

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10
Q

What occurs If the examiner deems that there is a lack of unity

A

The Examiner will report to the comptroller and the Comptroller will duely inform the applicant
AND
Only the first invention will be searched
AND
the Examiner will inform the applicant in the search report
the applicant will have to pay a further search fee for each further invention to be searched £150/170 if he wishes for the invention to be searched at any point up until three months before the compliance period

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11
Q

When will a search fee be refunded

A

If after payment of the search fee AND before the search has commenced the application is withdrawn the fee MAY be refunded R106 (3)
OR
If a supplementary search fee is paid on a second invention which is subsequently filed as a divisional, the search fee MAY be refunded for the divisional

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12
Q

When can a supplementary search fee be paid?

A

Any time after the search report is issued until 3 months before the compliance deadline.

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13
Q

How can you speed up a search report

A

An applicant can request an early/accelerated search with a reason (e.g. to see results before a foreign filing) Different to requesting acceleration due to infringement

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14
Q

When do amendments have to be filed to be included in the published application?

A

Any amendments filed before preparations for publication are complete (approx 5 weeks before publication)

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15
Q

When will Preliminary Examination commence?

A 
When there is a date of filing
AND
The application has not been withdrawn or treated as such
AND 
The application fee has been paid £60/75
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16
Q

What section deals with Preliminary Examination

A

15A

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17
Q

What does section 15A deal with?

A

Preliminary Examination

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18
Q

What is preliminary examination under S15A

A

The Examiner confirms that the Application complies with the formal requirements of the act R25
Notes if there are any missing parts
And if appropriate the formal requirements of claiming priority S5 R6-9 (R23)
If S13 naming of inventor
And
IF S15(10)
claims/abstract/search fee/declaration of priority doc/certification/translation/payment of search fee.

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19
Q

What are the formal requirements of The Act for S15A

A

R12(1) Application for a patent on PF1
R14(1) language in English or Welsh
R14(2)(3) form of docs and drawings

only R14(1) if filed in electronic form or by electronic communication

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20
Q

What section deals with Substantive Examination

A

S18

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21
Q

What does S18 deal with

A

Substantive Examination

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22
Q

What is the deadline for requesting Examination? What also has to be completed to make the request complete?

A

Six months from the date of publication of the application R28 if not already done on filing and payment of the examination fees and the excess page fees
AND
Pay the Examination Fee £100/130
OR
If a NEW application (divisional, litigation) the later of the above or 2 months from filing
UNLESS
within 6 months of the compliance date in which case it is on filing

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23
Q

What is required for Examination to commence

A

Examination must be requested and the examination fee paid
AND
Any Excess page fees paid 36th page of description and up is £10
AND
Any objection to non-unity must be addressed by argument, amendment or payment of additional search fee.

24
Q

When can an applicant amend the application?

A

As many time as they like between issue of the search report and receipt of the first examination report
THEREAFTER
At the discretion of the comptroller. Likely once in response to each examination report.

25
Q

What form do you use to request Substantive Examination

A

PF10

26
Q

What is the deadline to request examination under S22

A

2 years from filing (equivalent to 18m publication + 6m)

27
Q

How many pages can a UK patent application have?

A

Any number of pages. However, if the DESCRIPTION is more than 35 pages a fee of £10 per page is due - drawings, claims and abstract are not included

28
Q

What is the R30 compliance period?

A

This is the deadline for putting the applcation in order for grant (last chance to amend or argue)
This period is 4.5 years from filing
OR
12 months from receipt of the first Examination report (for example if delayed, divisional or litigation NEW filing)
UNLESS a new application is filed following a dispute in which case it is 18 months
(divisional apps are the same as the parent app and must be filed 3 months before comp period ends. Eaarlier is better as this gives time for amendment)

29
Q

Can you extend the deadline for requesting Examination and paying Examination fee?

A

Yes Section 2 of Schedule 4
Therefore R108(2) 2 months retrospective as of right extension available PF52 £135
PLUS further discretionary extension R108(3) extension can be requested from the examiner with reason PF53 £135
OR
Reinstatement if UNINTENTIONAL under S20A

30
Q

Can the compliance period be extended?

A

Yes Section 2 of schedule 4
Therefore R108(2) 2 months retrospective as of right extension available PF52 £135
PLUS further discretionary extension R108(3) extension can be requested from the examiner with reason PF53 £135
OR
Reinstatement if UNINTENTIONAL under S20A

31
Q

What is the deadline for requesting examination and paying examination fee for a PCT GB

A

33 months from priority even if the application enteres the national phase early R68 i.e. 31m +2months - can be extended under R108(2)

32
Q

What is R68

A

Altered periods for International Applications

33
Q

What section deals with the general power to amend an application?

A

S19 and R31

34
Q

What does R31 deal with

A

Amendment of the application before grant

35
Q

What does S19 deal with and what is the relevant rule

A

R31 and the general power to amend before grant

36
Q

What is a S18(4) communication?

A

Before 1 Oct 2016 this was notification of grant and only if it were the first communication under section 18 would you be granted two months to file divisional and make voluntary amendment.
AFTER 1st Oct 2016
The S18(4) communication acts as an Intention to grant indicating a later grant date. Thereafter, there is a period to file voluntary amendments and file divisional applications of
EITHER
If least least one month if this is not the first communication under S18
OR
two months if the communication is the first received under S18

37
Q

How long is there between receipt of the S18(4) intention to grant communication and the grant of the patent?

A

Before 1 Oct 2016 This was the letter informing of grant unless it was the first communicatoin under S18 in which case there are two months to file divisional and make voluntary amendment.
AFTER 1st Oct 2016
The S18(4) communication acts as an Intention to grant indicating a later grant date. Thereafter, there is a period to file voluntary amendments and file divisional applications of
EITHER
If least least one month if this is not the first communication under S18
OR
two months if the communication is the first received under S18

38
Q

What point is the earliest an application can grant?

A

Three months from publication

39
Q

What fees must have been paid before an application can grant?

A

Application fee £60/75
Search fee £150/170 + Excess claims fees (£20/claim over 25)
Any supplementary search fees deemed necessary by the Examiner
Examination fee £100/130 + Excess page fees (£10 per page of description above 35)
Any grant fees necessary due to the increase of no of claims or pages of the description between payment of previous excess fees and grant

40
Q

When can an applicant amend the application?

A

Any time between receipt of the search report (or ISR for PCT-GB) and the first examination report.
Once per examination report thereafter or at the Examiner’s discretion
UNLESS
The first examination report is a notice of intention to grant S18(4) in which case there are two months to amend the application
OR
The first examination report is a 18(3) report received before publication

41
Q

What does S20 deal with?

A

Failure of an application

42
Q

What section deals with failure of an application?

A

S20

43
Q

Can you extend the R30 compliance period

A

Yes R30 is in schedule 4 part 2 and 3
Therefore there is a retrospective as of right 2 month extension available under S108 (2) PF52 £135
further extension is available ONLY if the as of right extension has been taken under R108(3) limited to increments of 2 months R108(5)
All extensions must be applied for within the 2 month extended period

44
Q

How long do you have to appeal refusal of an applicatoin?

A

28 days from the date of the decision or 14 days if it is on a point of proceedure.

45
Q

What section deals with appeals

A

Sectoin 97

46
Q

what does S21 deal with

A

Third party obvs

47
Q

What section deals with 3rd party obvs

A

S21

48
Q

Who can file third party obvs under S21

A

Any one

49
Q

who is party to the proceedings after filing S21

A

only the applicant and the comptroller - the filer of the 3rd party obvs has no input.

50
Q

What occurs if the 3rd party obvs are filed within the final three months of the compliance period resulting in a 18(3) communication?

A

The applicant has 3 months from receiving the 18(3) communication to put the application in order for grant.

51
Q

What does S117A deal with ?

A

The effect of resuscitation of a withdrawn application under S117A

52
Q

What is the effect of reinstatement under S117A

A

Anything done to the application between withdrawal and the publication for the request for reinstatement in the OJ is valid

53
Q

What rights accrue between erroneous withdrawal and reinstatement under S117A

A

only good faith acts accrue third party rights
acts that would infringe the patent or serious and effective preparations to perform said acts commenced between withdrawal and the notice of application for reinstatement under S117(3) will aquire rights
AND
These rights can not be assigned. But when within a business partners of said business can be authorised to work the business and the right can be sold as part of the business

54
Q

What does S117B deal with?

A

Extension of time limits set by the comptroller

55
Q

What section deals with Extension of time limits set by the comptroller?

A

S117B

56
Q

What extensions are available on time limits set by the comptroller

A

a SINGLE as of right 2 month retrospective extension is available on any period set by the comptroller
AND
further extension may be available at the comptroller’s discretion
WITH
no form and no fee

Law paper (13 decks)

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