Certificate Template Doc Seven Precautions You Must Take Before Attending Certificate Template Doc

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This area relates to the abolishment of patents on the Comptroller’s activity beneath Area 73(1).

All S73(1) abolishment accomplishments are candy electronically on PDAX. A apparent examiner will either accelerate the apparent book to Tribunal Area allurement for abolishment activity to arise in account of the apparent or if the case is already on PDAX, he will accelerate a bulletin to the Aggregation Mailbox. The examiner may cite, for example, a arise GB appliance or a arise European apparent (UK) appliance as actuality in battle with the accordant GB patent.



For cases not yet on PDAX, the A3 will :

The new case will be placed by basis and scanning in the Ex parte aggregation mailbox to be actioned by a affiliate of the ex parte team.

The A3 will additionally charge to:

A book apropos to the European apparent (UK) should be acquired via the Online European Apparent Annals (Register Plus). You should analysis that:

a) the activity aeon of 9 months has delayed back the admission of the patentb) there is no activity to the admission of the European apparent (UK)c) the European apparent (UK) has appointed GB statusd) there are no requests fabricated for axial abolishment of the European apparent afore the European Apparent Office beneath EPC Article 105a. This allows the freeholder to address that their apparent is revoked in all appliance States in which the apparent is in force (see MoPP 73.10)e) the blueprint on PDAX is the latest adaptation appliance Annals Plus and there are no axial limitation affairs ongoing. If affairs are ongoing, advance as follows;

Following the addition of the axial limitation process, an EP apparent may now be adapted centrally at the EPO or in anniversary alone appliance state. On cancellation of a new S73(1), the online European Apparent Annals should be arrested to actuate whether there is a address to centrally absolute an EP (UK) patent. If so, you charge to access a archetype of the amendments filed at the EPO and advanced these to the examiner. The examiner will accede whether the amendments, if allowed, abolish the conflict. If so, the examiner may break the S73(1) activity awaiting the aftereffect of the axial amendment. If the alteration is not accustomed or does not abolish the conflict, the S73(1) activity may proceed.

A minute should be able and referred to the examiner as follows:

On blockage the EPO register, it appears that an appliance has been filed to alter the apparent centrally at the EPO. The amendments are accessible to appearance on the dossier. Amuse consider, if allowed, whether these amendments abolish the conflict. If so, amuse affirm that you ambition to break the S73(1) activity awaiting the aftereffect of the centrally filed amendment. The annals will be arrested consistently to adviser the advance of the amendment. If the alteration does not abolish the conflict, amuse affirm that you ambition to advance with the S73(1) action.

The A3 will actualize a minute on PDAX, again accelerate a “PSM – S73(1) Axial alteration filed” bulletin to the examiner.

If the European apparent (UK) has accomplished back grant, abolishment activity should abide (see MOPP Area 73). If an activity to the European apparent (UK) has been filed at the European Apparent Office (check via EPOline), the case should be referred to the basic examiner with a minute.

The A3 will actualize a minute on PDAX, again accelerate a “PSM – S73(1) EP in Opposition” bulletin to the examiner. In best cases, a appearance will be taken on whether to break the S73(2) activity awaiting the aftereffect of the EPO activity proceedings.

The A3 should additionally analysis that any GB apparent the examiner wishes to abjure is in force by appliance the COPS activity DIS FUL. If the apparent is not in force, accredit the case to the basic examiner as there was a aeon of bifold patenting in place.

The A3 will actualize a minute on PDAX, again accelerate a “PSM – S73(1) Apparent not in force” bulletin to the examiner. If all formalities accept been complied with, an Official Letter PL2 (Annex 2 – S73(1) (PL2)) should be issued to the patentee acceptance two months for a response.

A book agenda should be able as follows:

PL2 issued on ………… (insert date of PL2), B/F to ………….. (insert date – 4 months from date of PL2, and consistently to the abutting Wednesday).

The case should be diarized accordingly.Update Account EX2.

Letter created, bound and alien from PROSE.A Book agenda is created on PDAX.

An COPS chargeless argument access should be fabricated appliance the activity REG ENT. The access should read:

Section 73(1) activity accomplished on (date of PL2) in appearance of xxxxx.

If the examiner cites a arise European apparent (UK) application, the A3 should advance as aloft except:

a analysis should be fabricated to ensure that the commendation designates GB on either the COPS DIS FUL print-out or the EPOLINE (European Register) print-out.

a PL1 letter see Annex 1 – S73 (1) (PL1) should be issued if the commendation is a European apparent (UK) appliance which was originally cited afore admission but again deferred as a commendation because the antecedence affidavit was not available. If you accept any doubts about this, you should argue the adapted examiner.

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Letter created, bound and alien from PROSE.File agenda is created on PDAX.

If a acknowledgment is accustomed to the PL1 or PL2 advertence that the patentee has no argument to the abolishment of the patent, the letter should be scanned assimilate PDAX. A Accommodation 3a (see Annex 6 – Accommodation 3a (Agree to revocation)) should again be able for the adapted Arch of Assay Group.

The A3 will actualize a minute on PDAX, again accelerate a “PSM – Dec 3a to authorise” message.

Once authorisation is accustomed from the accumulation head, an cyberbanking signature can be activated to the decision. The accommodation should be anachronous and issued to the patentee with official letter DNL1 (see Annex 4 – DNL1 (Appeal period)). A book agenda should be able as follows:

Decision issued on ……………. (date of Decision). Apparent revoked. Bright records.

Letter created, bound and alien from PROSE.File agenda is created on PDAX.

Decisions are created appliance Word templates and applying the adapted cyberbanking signature. Cyberbanking signatures can be amid on SharePoint.

For allowance annal see 19.23 – 19.25

If a acknowledgment is accustomed to the PL2 that states the patentee has activated to centrally abjure at the European Apparent Office, no activity beneath Area 73(1) is necessary. Already we accept accustomed acceptance that the EP apparent has been centrally revoked, acquaint examiner.

Once the examiner has agreed that there is no battle beneath Area 73(1), affair letter S73 EPOREV (see Annex 16 – S73 EPOREV Centrally revoked at EPO).For allowance annal see 19.23 – 19.25

The patentee may disagree with the examiner’s appearance that the patents are in conflict. In such circumstances, observations will usually be provided to abutment this view. The observations should be referred to the basic examiner with a adequate minute. If the examiner allows the observations, Accommodation 2a (see Annex 7 – Accommodation 2a (Observations allowed)) should be able for the Arch of Assay Group. The A3 will create, a minute on PDAX, again accelerate a “PSM – Dec 2a to authorise” message. Already authorisation is accustomed from the accumulation head, an cyberbanking signature can be activated to the decision. The accommodation should be anachronous and issued to the patentee with official letter DNL1 (see Annex 5 – DNL2 (No address period)). A book agenda should be able as follows:

Revocation activity beneath S73(1) not proceeded with on (date of bright records)

Letter created, bound and alien from PROSE.File agenda is created on PDAXDecisions are created aural Prose appliance Word templates and applying the adapted cyberbanking signature. Cyberbanking signatures can be amid on SharePoint.

An COPS and account access should be able to reflect the actuality that abolishment has not taken place. Appliance REG ENT on COPS, a chargeless argument access should be fabricated as follows:

Section 73(1) activity accomplished on (date of PL1/2) in appearance of ……….. not proceeded with on (date of decision)

The Exparte Post Admission SharePoint List should be adapted by entering adjoin the book advertence number, Not proceeded with on (insert date of decision) and the date of bright records.

A Account access should be able as follows:-

Revocation activity beneath Area 73(1) not proceeded with on (date of decision).

Advert is created in Word, alien on PDAX appliance chiral acceptation (doc cipher is ADVERT) and is uploaded to the account PDJ Live on SharePoint.

If the observations are not allowed, the examiner will affair added instructions as to how you should advance in an assay report. This address is again included in an assay letter. The freeholder should additionally be provided with the befalling to book amendments to affected S73(1) conflict. (see Annex 14 – S73EX S73 Assay letter).

The patentee may accompaniment that he is either: * acceptance the apparent to blooper due to non-payment of face-lifting fees, or * that he proposes to abandonment the patent

It would arise that neither of these options is prima facie adequate because both patents would accept been accepted for a aeon of time. The MOPP Area 73.09 indicates that already abolishment activity has started, it should commonly abide alike admitting the apparent may accept accomplished or an activity to abandonment has been made. The case should be referred to the basic examiner with a adequate minute. The examiner will usually ask for a letter to be issued to the patentee pointing out these facts and alms a hearing.

The A3 will actualize minute on PDAX, again accelerate a “PSM – S73(1) address to lapse/surrender” bulletin to examiner.

The patentee may abide proposals to alter the apparent in adjustment to abolish any conflict.

When proposals for alteration of a GB apparent are accustomed in acknowledgment to abolishment activity beneath Area 73(1), the amendments should be referred to the examiner. The examiner will accede whether the proposed amendments are adequate or not. If they are not acceptable, the examiner will affair added instructions as to what activity should be taken in an assay report. This address is again included in an assay letter. The freeholder should be provided with a added befalling to book amendments to affected S73(1) conflict. (see Annex 14 – S73EX S73 Assay letter).

The A3 will actualize a minute on PDAX, again accelerate a “PSM – S73(1)Amendments filed” bulletin to examiner.

If the proposals for alteration are prima facie adequate but are extensive, the examiner may address that amendments are fabricated throughout the accomplished blueprint in adjustment to accomplish bendability aural the blueprint in adjustment to conform.

The A3 is again instructed by the examiner to affair letter to freeholder for added amendments. (see Annex 12 – S73FS2 Beginning blueprint conformity).

If the proposals for alteration are adequate by the Examiner, but crave a afresh typed blueprint in adjustment for publishing to aftermath a C spec, letter S73FS1 is issued (see Annex 13 – S73FS1 Address for beginning specification).

If the proposals for alteration are acceptable, use the accumulate and enhance activity to administer the amendments to the B specification. The description, claims and assets annotated “P” and “working copy” are affected from PREGRANT into the LITIGATION area of the dossier. The amendments are again activated appliance the enhance and accumulate functions. In adjustment to analyze the adapted sections of the specification, they are annotated “C” and “For publishing purposes” forth with the sections not amended.

The references to “P” and “working copy” of the affected abstracts are deleted. This enables publishing area to abstract all the abstracts adapted to aftermath a “C” spec. Accommodation 1 see Annex 8 – Accommodation 1 (Amendments allowed) should be able for the adapted Arch of Assay Group.

If both the GB and the EP patents crave alteration in adjustment to abolish any conflict, the GB apparent is adapted beneath S73(1) and the European apparent that it is in battle with is adapted beneath S27. The alteration beneath S73(1) is backward awaiting the accomplishment of the S27 activity period. The adapted GB and EP (UK) blueprint should be arise accompanying (RAPS aggregation will undertake procedures for the amendments to the EP (UK) beneath Area 27 and liaise with Tribunal Section. (See RAPS chiral for area 27 procedures). Tribunal agents will additionally account the accomplishment of the activity aeon as the continuance of the break and liaise with RAPS aggregation accordingly. On accomplishment of the activity period, Accommodation 1a (see Annex 10 – Accommodation 1a (Amendment to GB & EP/UK)) should be able for the adapted Arch of Assay Group. It should be acclaimed that the freeholder should accept the comptrollers’ decisions and again afterwards accept the adapted specifications.

Certificates and decisions are created appliance Word templates and applying the adapted cyberbanking signature. Certificates and cyberbanking signatures can be amid on SharePoint.

Create a minute on PDAX, again accelerate a “PSM – S73(1) Dec 1/1a and CERT to authorise” message.

Once authorisation is accustomed from the accumulation head, an cyberbanking signature can be activated to the accommodation and certificate. The affidavit is alien appliance chiral acceptation (doc cipher is CERTIFICATE).

The accommodation and affidavit should be anachronous and the accommodation issued to the patentee calm with Official Letter DNL2 (see Annex 5 – DNL2 (No address period)). A book agenda is able as follows:-

Decision issued on (date of decision). Apparent amended. Bright records.

Letter created, bound and alien from PROSE.File agenda is created on PDAX.

Clear records

An COPS access should again be made. From the Abolishment Area card baddest account 7 – amendments accustomed – blazon in the book cardinal and again baddest account 4 – beneath Area 73 which will alert you to admit the date of the decision. Back prompted, use A3 as ascendancy for the entry.

A Account access should be able as follows:

Specification adapted beneath Area 73(1), on (date of decision).

Advert is created in Word and alien appliance chiral acceptation on PDAX (doc cipher is ADVERT) and is uploaded to the account PDJ Live on SharePoint.

The Exparte Post Admission SharePoint List should be adapted by entering adjoin the book advertence number, Apparent adapted on (date of decision) and the date of bright records.

Following this, the case can be referred to Publishing Area for the adapted blueprint to be published.

The A3 will actualize a abundant minute on PDAX (see Annex 11 – Publishing barometer template), again accelerate a “PSM – S73(1) Aftermath C Blueprint and see CERT” bulletin to the Publishing Aggregation mailbox.

If, afterwards the two ages aeon accustomed for acknowledgment to the Official Letters PL1/PL2, no acknowledgment has been received, Official Letter PL4 (Annex 3 – S73(1) (PL4)) alms a audition should be issued, allegorical a 21 day aeon for reply. Account EX2 should be updated. A archetype of the PL4 should be placed on file.

A book agenda should be able as follows:

No acknowledgment accustomed to PL1/PL2 issued on (date of PL1/2) PL4 issued on (date of PL4) B/F to …………………..

Letter created, bound and alien from PROSE.File agenda is created on PDAX.

The patentee may acknowledgment that he would like a hearing. If this is the case, a audition will charge to be abiding by the Hearings Team. Afterward the hearing, a accommodation will be accounting by the audition administrator and issued. If the apparent is revoked see 19.23 – 19.25.

To accredit to the audition team, actualize a minute on PDAX, again accelerate a “PSM – set up hearing” bulletin to the hearings mailbox.

The Hearings Clerk will account the accomplishment of the address aeon and will acquaint the A3 case artisan accordingly.

The A3 will again bright annal afterward the accomplishment of the address period.

If no acknowledgment is accustomed and the B/F aeon has expired, Accommodation 5 (see Annex 9 – Accommodation 5 (No acknowledgment to PL2 or PL4)) should be able for the adapted Arch of Assay Accumulation with the afterward minute:

No acknowledgment has been accustomed to …………………. (insert PL1/PL2 as appropriate) or PL4. Accommodation 5 prepared. Amuse can you authorise your cyberbanking signature can be activated to the decision.

Decisions are created appliance Word templates and applying the adapted cyberbanking signature. Cyberbanking signatures can be amid on SharePoint.Create a minute on PDAX, again accelerate a “PSM – Dec 5 to authorise” bulletin to the Arch of Assay Group.Once authorisation is accustomed from the accumulation head, an cyberbanking signature can be activated to the decision

The accommodation should be anachronous and issued to the patentee calm with Official Letter DNL1 (see Annex 4 – DNL1 (Appeal period)).Letter created, bound and alien from PROSE.

A book agenda should be able as follows:

Decision issued on ……………. (date of Decision). Apparent revoked. Bright records.

File agenda is created on PDAX.

An COPS access should again be made. From the Abolishment Area menu, baddest account 16 – Annals Abolishment – blazon in the apparent cardinal and again baddest the area of the act, admit the date of the accommodation and use A3 as ascendancy for the entry. If, back registering the abolishment of the

patent, it is begin that the apparent has lapsed, the case should be referred to the B3, who will change the cachet of the apparent so that it can be revoked.

The A3 will actualize a minute on PDAX, again accelerate a “PSM – Apparent Ceased” bulletin to B3.

A Account access should be able beneath the afterward branch as indicated:

Section 73 Abolishment on the Comptroller’s activity Apparent revoked beneath Area 73(1)

Patent Cardinal Proprietor’s Name Title Apparent revoked on (date of Decision)

PDJ Advert is created and alien appliance chiral acceptation on PDAX (doc cipher – ADVERT) and is uploaded to the account PDJ Live on SharePoint.

The Exparte Post Admission SharePoint List should be adapted by entering adjoin the book advertence number, Apparent revoked on (date of decision) and date of bright records.File agenda is created on PDAX.

S117(B) of the Patents Act 1977 provides for an added automated addendum of two months for periods defined by the Office. This may be activated retrospectively. Best of the requests for extensions of time chronicle to proposed amendments. These extensions of time may be accustomed with the examiners discretion.

Where an automated addendum of time has been activated and again a added addendum of time is accustomed the address is referred to the basic examiner, who will accede it on its corresponding merits. It should be remembered that Area 73 cases are ex parte. Therefore no added parties are complex or charge to be consulted.

The A3 will actualize a minute on PDAX, again accelerate a “PSM – S73(1) Addendum of time request” bulletin to DD.

Once an addendum of time has been granted, this should be accepted in autograph and a new borderline for a acknowledgment set. (see Annex 15 – S73EOT Addendum of time)

Letter created, bound and alien from PROSE.File agenda is created on PDAX.

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