Unit 2 - GB Patents

Question 1

What are the minimum requirements to obtain a filing date?

Answer 1

• 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.

Question 2

What is the deadline for requesting search?

Answer 2

12 months from filing

OR

Later of:-

• 12 months from earliest priority, or
• 2 months from filing date

Question 3

Can the request for search deadline be extended?

Answer 3

Yes. For 2 months with a form 52 and a fee.

Question 4

What action must be taken to request search?

Answer 4

• file form 9A
• pay search fee
• pay any excess claims fees for claims over 25

Question 5

When does publication take place?

Answer 5

18 months from earliest priority.

Question 6

When are additional searches due?

Answer 6

Additional search requests are due 3 months before the compliance date.

Question 7

What actions must be taken to request additional searches?

Answer 7

• file form 9a for each additional invention.
• pay search fee for each additional invention.
• identify which claims are to be searched.

Question 8

What is the deadline for requesting examination?

Answer 8

6 months from publication date.

Question 9

What actions must be taken to request examination?

Answer 9

• file form 10
• pay examination fee
• pay excess page fees for any pages over 35

Question 10

Is the deadline for requesting examination extendable?

Answer 10

Yes. By 2 months with a form 52 and a fee.

Question 11

When is the acceptance deadline?

Answer 11

The later of:-

• Four and a half years from earliest priority date, or;
• 12 months from first examination report.

Question 12

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

Answer 12

The application is refused.

Question 13

Is the acceptance deadline is extendable?

Answer 13

Yes. By 2 months with a form 52 and a fee.

Question 14

When are grant fees due?

Answer 14

2 months from grant date when any excess pages or claims fees are payable.

Question 15

Is the grant fee deadline extendable?

Answer 15

Yes. By 2 months from date of grant with a form 52 and a fee.

Question 16

When is the first renewal fee due assuming no late grant?

Answer 16

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

Question 17

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

Answer 17

On the last day of the calender month three months from the date of grant.

Question 18

When can the renewal fees validly be paid?

Answer 18

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.)

Question 19

What happens in International application is filed at in non official language of the RO?

Answer 19

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.

Question 20

What is the latest date for requesting an extension of the acceptance deadline with relying on the discretion of the UKIPO?

Answer 20

2 months from the acceptance deadline.

Question 21

When are formal drawings due on a GB patent application?

Answer 21

15 months from earliest priority date.

Question 22

When does publication occur on a GB patent application?

Answer 22

18 months from earliest priority date.

Question 23

What could delay publication on GB patent application?

Answer 23

Late preparation of the search report by the UKIPO.

Late filing of a part of the spec such as formal drawings.

Question 24

What are the advantages of paying a GB renewal fee asap after the due date?

Answer 24

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.