UK Law Links Flashcards
1
Q
Employee inventions
A
- S40(1) taking into account size and nature of employer’s undertaking (might be hard to determine without numbers eg licence fees)
- Patent must be granted to seek compensation.
2
Q
S2(3) prior art
A
- Only S2(3) prior art once published.
- Can use undisclosed disclaimers.
- Is there an infringement risk?
3
Q
Filing formalities
A
- Description plus drawings
- claims / abstract / app fee / search req / search fee
- PF7 (if req) cert. copies of p.d. (if req)
4
Q
Entitlement
A
- who can bring proceedings
* entitlement and revocation are different actions
5
Q
Form + Fee
A
- PF1 filing
- PF2 initiate proceedings
- PF3 late priority
- PF7 statement of inventorship
- PF9A search request
- PF10 exam request
- PF12 renewal payments
- PF14 reinstatement
- PF16 restoration
- PF17 request opinion
- PF21 recordal of transfer
- PF51 appoint agent
- PF52 request e.o.t.
6
Q
Renewals late period
A
- costs increase per month
* discretionary damages!
7
Q
Restoration
A
- 3rd party rights
- file ASAP to minimise risk of 3rd party rights
- end of grace period to publication of restoration request
- did UKIPO send notification of missed fee
8
Q
Unintentional
A
• it may be necessary to assess the intention (especially for missed priority filings / NP entries)
9
Q
Meetings
A
- confidential
* ask for minutes / notes / slides
10
Q
Ownership
A
- check all contractual obligations and assignments
* check time of inventing vs formation/joining of company
11
Q
UKIPO error
A
• Extension - 3rd party rights are at Comptroller’s discretion
12
Q
Granted patent
A
- Immediately enforceable
* Check renewal payments
13
Q
Injunction
A
• Interim OR Final
14
Q
Groundless threats
A
- Settle?
* Is there a need to accelerate?
15
Q
Design exclusions
A
- Functional parts (reg = no; unreg = yes)
* Normal use view (reg = yes; unreg = no)