Unit 2 - GB Patents Flashcards
What are the minimum requirements to obtain a filing date?
- indication a patent is sought.
- details of the applicant sufficient for the UKIPO to contact them.
- description of the invention or reference to an earlier filed application.
- drawings if mentioned in description.
What is the deadline for requesting search?
12 months from filing
OR
Later of:-
- 12 months from earliest priority, or
- 2 months from filing date
Can the request for search deadline be extended?
Yes. For 2 months with a form 52 and a fee.
What action must be taken to request search?
- file form 9A
- pay search fee
- pay any excess claims fees for claims over 25
When does publication take place?
18 months from earliest priority.
When are additional searches due?
Additional search requests are due 3 months before the compliance date.
What actions must be taken to request additional searches?
- file form 9a for each additional invention.
- pay search fee for each additional invention.
- identify which claims are to be searched.
What is the deadline for requesting examination?
6 months from publication date.
What actions must be taken to request examination?
- file form 10
- pay examination fee
- pay excess page fees for any pages over 35
Is the deadline for requesting examination extendable?
Yes. By 2 months with a form 52 and a fee.
When is the acceptance deadline?
The later of:-
- Four and a half years from earliest priority date, or;
- 12 months from first examination report.
What happens if the application is not in order by the acceptance date?
The application is refused.
Is the acceptance deadline is extendable?
Yes. By 2 months with a form 52 and a fee.
When are grant fees due?
2 months from grant date when any excess pages or claims fees are payable.
Is the grant fee deadline extendable?
Yes. By 2 months from date of grant with a form 52 and a fee.
When is the first renewal fee due assuming no late grant?
On the last of the month containing the 4th anniversary of the filing date.
When is the first renewal fee due on a late grant application?
On the last day of the calender month three months from the date of grant.
When can the renewal fees validly be paid?
On a granted patent from the first day of the month 3 months before it is due until the last day of the calendar month 6 months after it is due with a 50% surcharge for each month after it is overdue (no surcharge is due on the first month the fee is late.)
What happens in International application is filed at in non official language of the RO?
The RO is not a competent receiving office and the application will be forwarded to the IB and the original international filing date is maintained.
What is the latest date for requesting an extension of the acceptance deadline with relying on the discretion of the UKIPO?
2 months from the acceptance deadline.
When are formal drawings due on a GB patent application?
15 months from earliest priority date.
When does publication occur on a GB patent application?
18 months from earliest priority date.
What could delay publication on GB patent application?
Late preparation of the search report by the UKIPO.
Late filing of a part of the spec such as formal drawings.
What are the advantages of paying a GB renewal fee asap after the due date?
The first month after the due date is free.
After this there is a 50% surcharge on top of the fee for each month it is overdue.
