Time Limits Flashcards
Third Party cancellation of license of right
w2m entry license of right
PCT(GB) exhibition certificate
w2m NPE
Office Action
due date, retrospective as of right extension 2 months without fee, discretionary extension, only until end of R30 period
US NPE
w30m priority
GB national phase entry
w31m priority
Grant fee
w2m intent to grant R30A
for unpaid claims/page fees
Priority Period
w12m earliest priority s5
PCT(GB) inventor declaration
w2m NPE
Entitlement
w2y grant, unless a grantee knew they were not entitled at grant
licenses maintained unless no original proprietor remains (old licensees entitled to new licenses if they were acting in good faith)
first renewal date and period
GB: due date = latest [filing +4y/grant +3m]
period = start -3cm due date to end cm due date
fees due on the same date for previous years
EP: due date = latest [next anniversary / grant + 3m]
period = latest [start -3cm due date / grant] to end cm due date
Statement of exhibition to be filed
GB filing date s2(4)(c)
Description where filing by reference
latest w12m priority/w2m GB filing s15(10)(b)(i), R22
Compliance period
latest w4.5y priority/w12m first examination report R30
App Fee
latest w12m priority/w2m GB filing s14(1A)
Claims and abstract
latest w12m priority/w2m GB filing s15(10)(a), R22
Priority Declaration
w16m earliest priority date R6(2)
Declaration of inventors
w16m priority R10(3)
Search request and fee
latest w12m priority/w2m GB filing, F+F, >25 claim fee R22
restoration period
end 13cm grace period end
unintentional
F+F
3rd party rights if initiated after grace period
Employee compensation request
w1y lapse, may be extended at Comptroller discretion
Non prejudicial disclosure
w-6m GB filing s2(4)
Exhibition Evidence
w4m GB filing s2(4)(c)
Certified copy of priority document
w16m earliest priority date R8
if request for missing material earliest w16m P/w4m request
Late priority request and declaration
w12+2m earliest priority date s5
unintentional (GB), all due care (EP), No early publication request (withdraw)
PCT(GB) declaration w1m NPE
File opposition to cancellation of license of right
w2m application for cancellation
PCT(GB) exam request
latest: w33m priority or w2m NPE
Examination request
w6m publication, form and fee, >35 page fee, not including C/A/Draws
s18(1)(a), R28, R(fees)3C
Renewal grace period
to end +6cm renewal date s25(4)
Publication
priority + 18m s16(1)
Foreign filing license waived (national security)
file after GB first filing date +6w
> =2nd renewal period
start 3rd month from end of period to end cm anniversary
Patent in force
grant to earliest filing + 20y / 1st unpaid renewal due date s25(1)
Period to request reinstatement
w12m termination (missed due date)
form and fee
unintentional
remedy failure w2m request following reinstatement
3rd party rights
must use extensions first
s20A
File new application after entitlement order
w3m order
also declare inventorship and file priority documents at fling if within 3 months of compliance, otherwise latest w16m P/w2m filing
PCT(GB) search request
w2m NPE
Licensee of right commence infringement action
after 2m request proprietor commence infringement action
Certified copy of reference and translation of reference where required
w4m filing s15(10)(b)(ii), R22
EP NPE
w31m priority
EP entitlement
EP entitlement request w3m national decision, such as UKPA s12
(no FP)
Prove national proceedings commenced to stay EP proceedings
On success may take over application, file new, or have refused
If filing new, filing fee and search fee w1m filing, designation and exam fee w6m SR publication
UK has jurisdiction for employees attached to UK business, where both party agree, applicants in UK, or requesters in UK where applicant is not in an EPC Protocol on Recognition state
Register transaction
w6m transaction or as soon as practical
or no costs/expenses before the registration