Unit 2 - GB Flashcards
What are the types of UK patent?
- Direct filing (Non-convention, Convention)
- National phase of PCT application (GB)
- Divisional of existing UK application
- Validating granted EP patent - EP(GB)
What are the minimum requirements to obtain a filing date? (GB)
- 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
How long is the priority period for UK applications?
12 months
What if 12 month deadline is missed?
- Priority can be claimed 14 months from earlier application
- Must show failure to file within 12 month period was unintentional
What deadlines are triggered from Notice of Publication on a UK application?
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
What is the deadline for filing national phase in UK?
31 months from earliest priority date
What happens if minimum not filed to secure filing date for UK application?
Once requirements are satisfied, application will be allocated later filing date
What is the deadline for ‘filing translation of description’ if not filed on filling? (UK application)
2 months from UKIPO communication
What is the deadline for filing ‘copy of earlier application’ if not filed on filing? (UK application)
- 12 months from priority date
Or
- 2 months from filing date
Whichever is later
What is the deadline for filing claims/abstract if not filed on filing? (UK application)
- 12 months from priority date
Or
- 2 months from filing date
Whichever is later
(Extendible by 2 months using PF52 & fee)
What is the deadline for filing formal drawings if not filed on filing? (UK application)
Within 15 months of earliest priority date or filing date (if no priority claimed)
(Extendible by 2 months - written request pateot@ipo.gov.uk)
What is the deadline for paying application fee if not paid on filing? (UK application)
- 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)
What is the deadline for filing a priority claim to existing UK application?
- Within 16 months of the priority date (Non-extendible)
- But later application must have been filed within 12 months of the priority application
What is the deadline for filing certified copy of priority application on a UK application?
- Within 16 months of the priority date
Extendible by 2 months - PF52 & fee
What is the deadline for filing inventorship details (PF7) if needed? (UK application)
- Within 16 months of the priority date
Extendible by 2 months - PF52 & fee
Request for Search (Form 9A) - UK application
- 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)
If Applicant wants other inventions searched, what actions are needed and by when? (UK application)
- Request further search (PF9A)
- Pay additional search fees
- Identify additional claims you want searched
Deadline - 3 months before compliance date
When is application published on a UK application?
18 months from filing date or priority date
Section 18(4) Report (UK application)
Deadline
2 months for filing a divisional application or make amendments to description/claims
Section 18(3) Report (UK application)
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)
What is the compliance date? (GB)
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)
When are divisional applications due on UK application?
- 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
What are the deadlines on a divisional application? (UK application)
- 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
When are grant fees due on UK application?
- 2 months from date of Notification of Intention to Grant
What happens if the application is not in order by the acceptance date?
The application is refused
When is the first renewal fee due assuming no late grant? (GB application)
On the last day of the month containing the 4th anniversary of the filing date
When is the first renewal fee due on a late grant application? (GB)
On the last day of the calendar month, 3 months from date of grant
When can the renewal fees validly be paid? (GB)
- 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)
What could delay publication on GB patent application?
- Late preparation of Search Report by UKIPO
- Late filing of parts of specification such as formal drawings
When are renewal fees due on GB application?
End of month in which filing anniversary falls and paid annually from anniversary of filing date
