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					02.09.2009

Journal 6276

Codification of the Regulation governing grant of Supplementary Protection Certificates for Medicinal Products
Council Regulation (EEC) No 1768/92 has been codified under Regulation (EC) No 469/2009 of the European Parliament and of the Council. This means that the various recitals and articles of Regulation 1768/92 which have been subject to many amendments have been consolidated and renumbered. There have been no substantive changes to the legislation and the correlation between the recitals and articles of the old and new regulation has been listed in Annex II of Regulation (EC) No 469/2009. Regulation (EC) No 469/2009 was published in the Official Journal of the European Union L152 on 16 June 2009, and the full text is available at http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:152:0001:0010:en:PDF. It came into force 20 days after this date, i.e. on 6 July 2009.

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Journal 6276

The British Library - Recent Additions to the Library
The following transcripts of High Court Decisions have been received at the British Library.

Plaintiff(s) & Defendants(s) (1) Experience Hendrix LLC (2) The Last Experience, Inc -andTimes newspapers Limited Cranway Limited -and(1) Playtech Limited (2) PlaytechCyprus Limited (3) Playtech Software Limited (4) Techplay Management Limited (5) PTVB Management Limited (6) ToTe Credit Limited (7) ToTesport NV (8) Totesport Alderney Limited Cranway Limited -and(1) Playtech Limited (2) PlaytechCyprus Limited (3) Playtech Software Limited (4) Techplay Management Limited (5) PTVB Management Limited (6) ToTe Credit Limited (7) ToTesport NV (8) Totesport Alderney Limited Cranway Limited -and(1) Playtech Limited (2) PlaytechCyprus Limited (3) Playtech Software Limited (4) Techplay Management Limited (5) PTVB Management Limited (6) ToTe Credit Limited (7) ToTesport NV (8) Totesport Alderney Limited Cranway Limited
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Date Of Hearing 16 February 2009

SRIS code No. C/087/09

27 July 2009

C/088/09

27 July 2009

C/089/09

27 July 2009

C/090/09

27 July 2009

C/091/09

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-and(1) Playtech Limited (2) PlaytechCyprus Limited (3) Playtech Software Limited (4) Techplay Management Limited (5) PTVB Management Limited (6) ToTe Credit Limited (7) ToTesport NV (8) Totesport Alderney Limited Tate & Lyle Technology Limited -andRoquette Freres (1) Novartis AG (2) CIBA Vision AG -and(1) Johnson & Johnson Medical Limited (2) Johnson & Johnson Vision Care, Inc Tate & Lyle Technology Limited -andRoquette Freres 29 July 09 C/092/09

29 July 2009

C/093/09

29 July 2009

C/094/09

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Journal 6276

Patents Act 1977: Reinstatement of patent applications
1. This notice outlines the alignment of Office practice on the reinstatement of patent applications with the judgment of Pumfrey J in Anning's Patent Application [2007] EWHC 2770 (Pat). Background 2. In accordance with section 20(1) of the Patents Act 1977, if it is not determined that a patent application complies before the end of the prescribed period with all the requirements of the Act and rules, the application shall be treated as having been refused by the comptroller at the end of that period. The period for the purposes of section 20(1) is the compliance period, prescribed by rule 30. 3. Section 20A of the Patents Act 1977 provides for reinstatement of a patent application which has been refused, or treated as having been refused or withdrawn, as a direct consequence of a failure by the applicant to comply with a requirement of the Act or rules within a prescribed or specified period. If an application is reinstated under section 20A, subsections (7) and (8) allow the applicant a period of not less than two months to comply with said requirement. Anning’s Patent Application 4. In Anning’s Patent Application [2007] EWHC 2770 (Pat) the applicant had failed to reply to a substantive examination report within the period specified in the report, and had taken no action in response to a subsequent letter informing him that his application would be treated as refused if he did not reply by the end of the compliance period. The application was subsequently treated as refused under section 20(1) at the end of the compliance period. 5. Pumfrey J held that the “failure to comply” that led to the application being treated as refused was the failure to respond to the examination report, not the failure to put the application in order within the compliance period. He stated: “The fact that [the applicant] had the possibility of explaining his noncompliance does not… extend the time within which that compliance should have taken place: it merely gives him a further opportunity to extract himself from the consequences of non-compliance, which will necessarily be fatal at the end of the period for putting the application in order. The letter [informing the applicant that no reply to the examination report has been received and warning that the application will be treated as refused at the end of the compliance period] does not itself either require any act to be done or extend the period of time for doing that act, and is for this reason not within s.20A: and in my judgment the prescribed period under s.20(1) is merely the period during which the requirements of the Act and Rules must be complied with. It imposes no additional requirement on the applicant.”

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Practice in light of the Anning decision 6. Where an application has been treated as refused at the end of the compliance period due to failure to respond to a substantive examination report, the application may be reinstated provided that the requirements of section 20A and rule 32 are met. Where reinstatement is allowed, the applicant shall be allowed a period of not less than two months to respond to the substantive examination report, since it is the failure to respond to the examination report which led to the application being treated as refused. However, this will not have the effect of extending the compliance period. Therefore, where an application is reinstated after the compliance period has ended, and the opportunity under rule 108 for extending that period has expired, amendment of the reinstated application will not be possible. The applicant will instead have the opportunity of providing arguments, within the two month period, to show that the application was in order at the end of the compliance period. 7. It follows that in any circumstances where an application is refused, or treated as having been refused or withdrawn, due to failure by the applicant to comply with a requirement of the Act or rules, reinstatement of the application will not have the effect of extending the compliance period. 8. This notice highlights the importance of putting the application in order before the end of the compliance period. The compliance period may be extended in two-month tranches under rule 108(2) or 108(3), by filing Form 52, the appropriate fee and evidence supporting the request for an extension, if rule 108(3) applies. Any request for such an extension must be filed within two months of expiry of the period. 9. Section 20A of the Manual of Patent Practice and Chapter 10 of the Formalities Manual will be amended to reflect this change of practice at the next update. Enquiries 10. Any enquiries about this notice should be made to: Patents Legal Section Intellectual Property Office Concept House Cardiff Road Newport South Wales NP10 8QQ United Kingdom Tel: +44(0)1633 814839 Fax: +44(0)1633 814491 Sean Dennehey Director of Patents Intellectual Property Office 14 August 2009
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Priority Document Access Service (PDAS)
From 4 October 2009 the World Intellectual Property Organization’s (WIPO) Priority Document Access Service will be available to GB patent filers at the Intellectual Property Office. Participation in this free service is voluntary, details of participating Patent Offices may be found at: http://www.wipo.int/patentscope/en/pdocforum/participating.html The new service enables applicants to substantiate their claim to priority from an earlier application by utilising a copy of the priority document held in or accessible via a secure database at WIPO. By participating in the scheme the applicant will not have to provide a certified copy of the priority document separately to each participating Patent Office with which a patent application claiming priority is filed. The participating Offices will also benefit from not having to provide as many paper copies of the same application. The Patent Office with which a priority application is first filed is referred to as the Office of First Filing (OFF). The applicant can indicate that they consent to the OFF transferring a copy of their application to WIPO to be made available via PDAS. In the IPO, this part of the process will only be available for GB applications filed electronically via Web Filing or Electronic Online Filing (eOLF). If, when filing electronically, the applicant forgets to indicate their consent they may subsequently do so using the SFD electronic filing module or by paper correspondence. A Patent Office with which a subsequent patent application is filed is referred to as an Office of Second Filing (OSF). When filing a GB application claiming priority from an earlier application, the applicant will be able to indicate that the prior application is available via PDAS, enabling the Intellectual Property Office to obtain an electronic copy of the priority document from WIPO. This part of the process will be available for GB applications filed electronically via Web Filing or eOLF, or in paper format. If, when filing the application the applicant forgets to indicate that a priority document is available via PDAS they may subsequently do so using the SFD electronic filing module or by paper correspondence. Access to the priority document is controlled by the applicant through a unique access code issued by WIPO following receipt of the priority document from the OFF. For further details please contact PDAS Helpline on 01633 814870 or visit the Priority Document Access Service web page at http://www.ipo.gov.uk/p-apply-onlinepdas.html

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Provision of Information from the Intellectual Property Office On-Line Web Services
A number of free services are available via our web site which is located at www.ipo.gov.uk. esp@cenet This service provides an interface to the published patent application databases of the Intellectual Property Office, the European Patent Office and other European national patent offices, as well as access to the PCT database of published patent applications. A full copy of the specification, claims and drawings may be viewed if available. Designs Image Search This service provides access to images of UK registered designs along with bibliographic information. Trade Mark Text This service provides searches for trade marks matching/starting with specified text. Trade Mark Proprietor This service provides searches for trade mark proprietors. Trade Mark Classification Index The index serves as a guide to the classes of goods and services to specify when applying for Trade Mark registration. With over 70,000 terms, the index shows which class to put each term in. Legal Decisions This service provides the text of reasoned decisions issued by the office since the beginning of 1998. Status Information This service provides the status information for Patents, Supplementary Protection Certificates, Trade Marks and Designs. Other Services The Status Information and further information can also be obtained on paper from the office. Some of the information available is shown below, along with the relevant prices. Patents Designs Request for uncertified copy from file or register Request for uncertified copy of extract
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Trade Marks

Request for uncertified copy from file or register

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Note Trade Marks & Designs: The cost is £5 per file copied, though we reserve the right to quote for our actual costs where particularly large files are involved. General Cost, per page, of faxing information ,1 (plus VAT)

Payment Deposit accounts: Customers may charge orders against their account with the Office. In such cases the deposit account number should be quoted on the order. Credit and debit cards: Payment can be made using the following credit and debit cards:Visa, MasterCard,American Express, Switch,Maestro(only if the card is issued by a UK Bank) and Solo. Cheque: These should accompany any order, be crossed "Account Payee Only" and made payable to "The Intellectual Property Office". Payments from overseas must be in sterling drawn on a UK clearing bank. Orders Post: Sales, Concept House, Cardiff Road, Newport, South Wales NP10 8QQ e-mail (Deposit Account Holders only): sales@ipo.gov.uk Telephone (Deposit Account Holders and payments by credit and debit card only): +44(0)1633 813651 Fax (Deposit Account Holders and payments by credit and debit card only): +44(0)1633 817777.

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Journal 6276

Withdrawing patent applications
This notice seeks to inform applicants and practitioners of the method the Intellectual Property Office recommends for withdrawing patent applications.

Background Any request to withdraw an application is always an important action and is dealt with as quickly as possible in the Office. However, quick action in the Office becomes crucial when a withdrawal request is received for an application which is soon to be published. We of course wish to avoid erroneous publication. Ways of withdrawing applications Withdrawal of a patent application can be made by:    emailing withdraw@ipo.gov.uk faxing the Office on 01633 817777 writing to the Office

We highly recommend that the email option be used, as this will ensure that the request is dealt with quickly by a dedicated team of staff. Full details of this service can be found at http://www.ipo.gov.uk/p-direction-withdrawal.htm. Notifying the Office of withdrawal in time to prevent publication An application for withdrawal in time to prevent publication must be received in this Office by 23:59 on the day before preparations for publication are complete (the PPC date). The official letter notifying applicants of the PPC date for their application will only be received 2 or 3 days prior to the PPC date. That leaves a very short time in which to notify the Office of withdrawal. If the email message or written notification is not received by 23:59 on the day before the PPC date, it will be too late to prevent publication. Therefore the earlier applicants and practitioners can make decisions about withdrawal and notify the Office, the better. Further guidance on withdrawal of patent applications can be found at: http://www.ipo.gov.uk/p-withdraw.htm

If you have any queries about this notice, please contact: Steve Bender Room 1.B75 Concept House Cardiff Road Newport NP10 8QQ +44 (0)1633 814422 or Christine Farrington Room 1.Y20 Concept House Cardiff Road Newport NP10 8QQ +44 (0)1633 814701
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Announcement of the European Qualifying examination 2010
The next European qualifying examination will be held from 2 - 4 March 2010. Further information including the conditions of enrolment has been published in the Official Journal of the European Patent Office (OJ EPO 2009,347) and can be accessed via this link: http://www.epo.org/patents/learning/qualifying-examination.html

UK Examination Centre (Bristol) Candidates can indicate their preference for an examination centre when enrolling. It is expected that, as in 2009, the examination will again be held at The British Empire and Commonwealth Museum, Bristol and that according to the anticipated number of applications all candidates wishing to sit at the centre in Bristol will be able to do so.

Times of Examination 02.03.2010 paper D I paper D II paper A paper B 08:45 - 11:45 13.15 - 17:15 08:30 - 12:00 13:30 - 17:30

03.03.2010

04.03.2010

paper C

08.30 - 14:30

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