UK Law Links Flashcards

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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.
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2
Q

S2(3) prior art

A
  • Only S2(3) prior art once published.
  • Can use undisclosed disclaimers.
  • Is there an infringement risk?
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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)
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4
Q

Entitlement

A
  • who can bring proceedings

* entitlement and revocation are different actions

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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.
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6
Q

Renewals late period

A
  • costs increase per month

* discretionary damages!

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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
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8
Q

Unintentional

A

• it may be necessary to assess the intention (especially for missed priority filings / NP entries)

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9
Q

Meetings

A
  • confidential

* ask for minutes / notes / slides

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10
Q

Ownership

A
  • check all contractual obligations and assignments

* check time of inventing vs formation/joining of company

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11
Q

UKIPO error

A

• Extension - 3rd party rights are at Comptroller’s discretion

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12
Q

Granted patent

A
  • Immediately enforceable

* Check renewal payments

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13
Q

Injunction

A

• Interim OR Final

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14
Q

Groundless threats

A
  • Settle?

* Is there a need to accelerate?

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15
Q

Design exclusions

A
  • Functional parts (reg = no; unreg = yes)

* Normal use view (reg = yes; unreg = no)

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16
Q

Lack of priority

A

• Not necessarily catastrophic!

17
Q

Product launch

A
  • FTO??

* interim injunction risk?

18
Q

Divisionals (filing)

A
  • must identify as divisional
  • exam request based on parent’s publication
  • PF7 always required
19
Q

Third party observations

A

• You don’t become party to proceedings

20
Q

Certificates

A
  • Grant certificate
  • Declaration of validity & infringement
  • Cert. of contested validity
  • Dec. of unjustified threat
  • Dec. of non-infringement
  • Cert. of not being an inventor
21
Q

Multiple applications by same owner

A

Question whether priority claims are valid!!

22
Q

Revocation/surrender

A

Revocation ex tunc (never existed)

Surrender ex nunc (existed until surrender)