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Patent Admin course > Unit 2 - GB > Flashcards

Unit 2 - GB Flashcards

1
Q

What are the types of UK patent?

A
  • Direct filing (Non-convention, Convention)
  • National phase of PCT application (GB)
  • Divisional of existing UK application
  • Validating granted EP patent - EP(GB)
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2
Q

What are the minimum requirements to obtain a filing date? (GB)

A
  • Indication a patent is sought
  • details of the applicant sufficient for the UKIPO to contact them
  • description filed or reference to an earlier filed application
  • drawings if mentioned in description
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3
Q

How long is the priority period for UK applications?

A

12 months

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4
Q

What if 12 month deadline is missed?

A
  • Priority can be claimed 14 months from earlier application

- Must show failure to file within 12 month period was unintentional

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5
Q

What deadlines are triggered from Notice of Publication on a UK application?

A

6 months from publication to;

  • File request for examination (PF10)
  • Pay examination fee
  • Pay excess pages fees for description pages over 35 (Payable after 6 April 2018) - if required
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6
Q

What is the deadline for filing national phase in UK?

A

31 months from earliest priority date

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7
Q

What happens if minimum not filed to secure filing date for UK application?

A

Once requirements are satisfied, application will be allocated later filing date

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8
Q

What is the deadline for ‘filing translation of description’ if not filed on filling? (UK application)

A

2 months from UKIPO communication

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9
Q

What is the deadline for filing ‘copy of earlier application’ if not filed on filing? (UK application)

A
  • 12 months from priority date

Or

  • 2 months from filing date

Whichever is later

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10
Q

What is the deadline for filing claims/abstract if not filed on filing? (UK application)

A
  • 12 months from priority date

Or

  • 2 months from filing date

Whichever is later

(Extendible by 2 months using PF52 & fee)

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11
Q

What is the deadline for filing formal drawings if not filed on filing? (UK application)

A

Within 15 months of earliest priority date or filing date (if no priority claimed)

(Extendible by 2 months - written request pateot@ipo.gov.uk)

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12
Q

What is the deadline for paying application fee if not paid on filing? (UK application)

A
  • 12 months from priority date

Or

  • 2 months from filing date

Whichever is later

(Patent Form AF1 to pay separate)
(Extendible by 2 months - PF52, fee & surcharge)

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13
Q

What is the deadline for filing a priority claim to existing UK application?

A
  • Within 16 months of the priority date (Non-extendible)

- But later application must have been filed within 12 months of the priority application

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14
Q

What is the deadline for filing certified copy of priority application on a UK application?

A
  • Within 16 months of the priority date

Extendible by 2 months - PF52 & fee

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15
Q

What is the deadline for filing inventorship details (PF7) if needed? (UK application)

A
  • Within 16 months of the priority date

Extendible by 2 months - PF52 & fee

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16
Q

Request for Search (Form 9A) - UK application

A
  • 12 months from filing date (no priority claimed)
  • Later of 12 months from priority date or 2 months from filing date (priority claimed)

(Extendible by 2 months - PF52 & fee)

Fees

  • Search fee
  • Excess claims fees over 25 (Search Request after 6 April 2018)
17
Q

If Applicant wants other inventions searched, what actions are needed and by when? (UK application)

A
  • Request further search (PF9A)
  • Pay additional search fees
  • Identify additional claims you want searched

Deadline - 3 months before compliance date

18
Q

When is application published on a UK application?

A

18 months from filing date or priority date

19
Q

Section 18(4) Report (UK application)

A

Deadline

2 months for filing a divisional application or make amendments to description/claims

20
Q

Section 18(3) Report (UK application)

A

Deadline

  • Usually 4 months to respond to objections, plus 2 months for any subsequent reports

(Extendible by 2 months - request in writing (free of charge)

21
Q

What is the compliance date? (GB)

A

Deadline by which acceptance must be reached

  • 4.5 years from filing date/priority date

Or

  • 12 months from date of first Section 18(3) Examination Report

Whichever is later

(Extendible by 2 months - PF52 & fee)

22
Q

When are divisional applications due on UK application?

A
  • 3 months before compliance date on patent application

Or

  • If first Examination Report is Section 18(4) Report, deadline is 2 months from date of report
  • 3 months before compliance date to file additional searches for divisional application
23
Q

What are the deadlines on a divisional application? (UK application)

A
  • Statement of Inventorship (PF7) to be filed on filing (if applicable)
  • Request for Search & fee due (Non-extendible)
  • 2 months from filing

Or

  • Within period allowed in parent application

Whichever is later

  • Request for Examination & fee due (Non-extendible)
  • 2 months from filing

Or

  • 2 years from earliest priority/filing date

Whichever is later

24
Q

When are grant fees due on UK application?

A
  • 2 months from date of Notification of Intention to Grant
25
Q

What happens if the application is not in order by the acceptance date?

A

The application is refused

26
Q

When is the first renewal fee due assuming no late grant? (GB application)

A

On the last day of the month containing the 4th anniversary of the filing date

27
Q

When is the first renewal fee due on a late grant application? (GB)

A

On the last day of the calendar month, 3 months from date of grant

28
Q

When can the renewal fees validly be paid? (GB)

A
  • Can be paid in the three months before the end of the month in which the renewal date falls
  • Can be paid late – up to six months after (first overdue month is free, otherwise a fee is payable for each additional month)
29
Q

What could delay publication on GB patent application?

A
  • Late preparation of Search Report by UKIPO

- Late filing of parts of specification such as formal drawings

30
Q

When are renewal fees due on GB application?

A

End of month in which filing anniversary falls and paid annually from anniversary of filing date

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