the Intellectual Intellectual Property Office Welcome to the .doc by longze569


									5 March 2008                                                             Journal 6198

Provision of Information from the UK Intellectual
Property Office
On-Line Web Services
A number of free services are available via our web site which is located at

This service provides an interface to the published patent application databases of
the UK 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

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.

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5 March 2008                                                             Journal 6198

Patents             Request for uncertified copy from file or register          ,5
Designs             Request for uncertified copy of extract                     ,5
Trade Marks         Request for uncertified copy from file or register          ,5

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)

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 UK Intellectual Property Office". Payments from
overseas must be in sterling drawn on a UK clearing bank.


   Post
    Sales, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ

   E-mail
    (Deposit Account Holders only):

   Telephone +44(0)1633 813651
    (Deposit Account Holders and payments by credit and debit card only)

   Fax +44(0)1633 817777.
    (Deposit Account Holders and payments by credit and debit card only)

Copies can also be obtained in person from the London Front Office, Harmsworth
House, 13-15 Bouverie Street, London, EC4Y 8DP.

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5 March 2008                                                              Journal 6198

Accelerated Processing of Patent Applications
Normal Processing

Once a request for search (Patents Form 9A) and claims have been filed, a
search is made as soon as possible. The Office aims to issue a search report
within four months from the date of filing the Patents Form 9A; however, work
pressures can cause delays in certain active areas.

After expiry of eighteen months from the declared priority date or, where there is
none, the filing date of an application, the application is published. Publication
consists of the application as filed including the original claims and any new or
amended claims subsisting immediately before the completion of preparations for

Following receipt of a request for substantive examination (Patents Form 10),
unless combined search and examination has occurred, an application will
become due for examination at around 18 months after publication. Again,
however, activity in certain areas can cause delays.

A patent is granted as soon as possible after it is reported that an application
complies with the requirements of the Act and Rules. The grant process currently
takes five weeks.

Combined Search and Examination

Substantive examination is undertaken at the same time as the search if the
request for substantive examination (Patents Form 10) has been filed together
with the request for search (Patents Form 9A). It is not necessary to make a
specific request for this service. Exceptionally, search and examination will also be
combined, where possible, if a search request only is initially filed, and then the
applicant subsequently asks for the combined procedure in writing when filing the
examination request on Form 10. However combined search and examination
cannot be guaranteed unless the two forms are filed together or a Form 10 is filed
immediately after Form 9A together with a written request for the combined

When appropriate, a substantive examination report under section 18(3) will issue
with the search report, setting out objections noted by the examiner. However, no
report under section 18(4) that an application complies with the requirements of
the Act and Rules will issue until at least three months after the application has
been published under section 16. This is to allow third parties time to file
observations under section 21 and to permit the search to be updated.

Fuller details of the combined search and examination procedure, including the
journal notice of 21 June 1995 launching this service, are given in the Manual of
Patent Practice which is available on our website at:

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5 March 2008                                                               Journal 6198

Accelerated Search

A request for an accelerated search to be performed will be allowed if an
adequate reason is given. What constitutes an adequate reason may depend, in
part on the applicant’s actions. For example any delay in filing the Patents Form
9A may be taken into account, particularly if acceleration is being requested in
order to obtain a search report before the end of the priority year, and filing a
timely Patents Form 9A earlier in the year would have achieved this.

Applicants are advised to mark any such request with the words “REQUEST FOR
ACCELERATED SEARCH”, so that it may be identified more easily and dealt with

The timescale for receipt of the search report will be agreed with the applicant
after the request has been accepted. Unless it is requested explicitly, we will
assume that accelerated publication is not required.

Accelerated Publication

The comptroller may publish a patent application before the end of the eighteen
month period mentioned above, if requested to do so by the applicant. However,
an application will not enter the publication process prior to the issue of the search
report, nor prior to compliance with the formal requirements of the Rules, nor until
after the provision of any necessary statement of inventorship etc. on Patents
Form 7 or a copy of any application from which priority is sought. The publication
process takes five weeks.

Applicants are advised to mark any such request with the words “REQUEST FOR
ACCELERATED PUBLICATION”, so that it may be identified more easily and
dealt with promptly.

Applicants should also note that a request for substantive examination must be
made, and the examination fee paid, within six months of the actual date of
publication of the application.

Accelerated Substantive Examination

A request for an application, not subject to combined search and examination, to
be examined straightaway will be allowed if an adequate reason is given. Such a
request should be marked “REQUEST FOR ACCELERATED EXAMINATION” to
ensure prompt action.

Accelerated examination will be started as soon as possible after allowance of a
request but, as with combined search and examination, no report under section

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5 March 2008                                                                Journal 6198

18(4) that an application complies with the requirements of the Act and Rules will
issue until at least three months after publication of the application under section
16, so as to allow third parties time to file observations under section 21 and for
the search to be updated.

If a request for accelerated examination is made before publication it must be
made clear whether or not accelerated publication is also requested.

Early Grant

Combined search and examination allows for the possibility of early grant, with the
timing of grant depending on whether accelerated publication has been requested.
Similarly early grant can occur following accelerated substantive examination.

Standard Titles for Online Database Names
It is Office practice, at the discretion of the examiner, to include within the scope of
the investigation made under Section 17(4) of the Patents Act 1977 an online
search in selected areas of technology. Most reports issued under Section 17(5)
therefore contain references to online databases. In order to overcome
inconsistencies in the use of online database names, and to ensure that the
names will fit into the space provided for the Field of Search on the front page of
published A and B documents, each database is identified by a short standard title
as listed below.

An online database may be present on more than one online host, and may be
divided into a number of individually-named component files. In general, however,
only the standard title will be used, irrespective of the host accessed for the
search or the particular component files searched. It should be particularly noted
that the presence of a standard database title does not imply that all component
files of that database, or indeed the whole of any one component file, was

It should be noted that the following names are registered trademarks: EMBASE.

Standard            Corresponding Database and (Host)
BLASTN          -   Nucleotide Blast search (STN)
BLASTP          -   Protein Blast search (STN)
CABA            -   CAB ABSTRACTS [Commonwealth Agricultural Bureau

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5 March 2008                                                          Journal 6198

                   Abstracts] (DIALOG, STN)
CAS ONLINE -       CAS REGISTRY File; graphical structure searching CA,
                   CAOLD (STN)
CBA            -   Current Biotechnology Abstracts (DIALOG)
                   WEEKLY, CLAIMS/UNITERM (DIALOG)
          -        IFIPAT, IFIUDB (QUESTEL.ORBIT, STN)
DGENE          -   DGENE (STN)
                   Energy] (DIALOG)
               -   ENERGY (STN)
EPODOC         -   EPODOC; Documentation of the European Patent Office
                   [includes patent and technical literature, and since January
                   2005 PAJ data] (EPOQUE)
FSTA           -   Food Science and Technology Abstracts (DIALOG), FSTA
                   (QUESTEL.ORBIT, STN)
GENEN          -   Nucleotide algorithm search through a selection of EMBL
                   databases and the GENESEQ databases (GENOMEQUEST)
GENEP          -   Protein algorithm search through a selection of EPO, JPO and
                   USPTO data and the UniProt and GENESEQ databases
GEOPHYSIC -        Geophysics journal archive (Internet)
IEL       -        IEEE Xplore (Internet)
          -        INPADOC (STN)
INTERNET           General Internet search
IP.COM    -        IP.COM (Internet), XPIPCOM (EPOQUE)
JANE'S    -        Jane's Defense & Aerospace News/Analysis (DIALOG)
JAPIO     -        Patent Abstracts of Japan [see also PAJ] ( DIALOG,
                   QUESTEL.ORBIT, STN)
LFSCICOL       -   Life Science Collection (DIALOG)
MARPAT         -   MARPAT (STN)

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5 March 2008                                                            Journal 6198

NPL            -   NPL (EPOQUE)
PAJ            -   Patent Abstracts of Japan [PAJ was merged into EPODOC
                   from January 2005 and ceased to exist as a separate database
                   on EPOQUE from November 2006] (EPOQUE)
PIRA           -   Paper, Printing & Packaging Abstracts (DIALOG,
                   QUESTEL.ORBIT, STN)
RM25           -   RM25 laminates (EPOQUE)
RM26           -   RM26 laminates (EPOQUE)
TEXTECH        -   Textile Technology Digest (DIALOG, STN)
TDB            -   IBM Technical Disclosure Bulletin (EPOQUE)
TXTE           -   TXTE English language full text cluster of GB, EP, US, WO
                   patents (EPOQUE)
TXTF               TXTF French language full text cluster of BE, CH, FR, EP, WO
                   patents (EPOQUE)
TXTG           -   TXTE German language full text cluster of BE, CH, DE, EP,
                   WO patents (EPOQUE)
WTEXT          -   World Textiles (DIALOG)
XPAIP          -   XPAIP American Institute of Physics (EPOQUE)
XPESP          -   XPESP Elsevier Publishing Group (EPOQUE)
XPIEE          -   XPIEE Institution of Electrical Engineers (EPOQUE)
XPIETF         -   XPIETF Internet Engineering Taskforce (EPOQUE)
XPI3E          -   XPI3E Institution of Electrical and Electronic Engineers
XPJPEG         -   XPJPEG Joint Photographic, and Joint Bi-level Image Experts
                   Groups (EPOQUE)
XPMISC         -   XPMISC Alcatel Telecommunications Review, Siemens
                   Technical Reports and Speech recognition Conference
                   Proceedings (EPOQUE)
XPRD           -   XPRD Research Disclosure (EPOQUE)
XPTK           -   XPTK Traditional Knowledge (EPOQUE)

Changes in UK Law arising from coming into force
of the London Agreement
A significant proportion of the cost of obtaining a European patent is the cost of
filing translations. In June 1999 a Paris Intergovernmental conference mandated

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5 March 2008                                                                                 Journal 6198

a working party on cost reduction to find ways of reducing translation-related
patent costs by 50%. The Agreement on the application of Article 65 EPC, which
reduces the requirement to provide translations of European patents, was adopted
at a second Intergovernmental Conference in London in October 2000 (hence the
London Agreement).

The London Agreement comes into force on the first day of the fourth month after
the eighth Contracting State ratifies the agreement (provided that this includes the
UK, France and Germany). France became the thirteenth Contracting State to
ratify the London Agreement in January 2008 (the UK and Germany having
already ratified the Agreement) and the London Agreement will therefore come
into force on 1 May 2008. 1 The relevant UK legislative provision that will be
affected by implementation of the London Agreement is section 77(6) of the
Patents Act 1977 (the Act). Section 77(6) defines the requirement for a translation
to be filed in order for a European Patent (UK) (EP(UK)) to come into force in the
UK. Rules 56(9) and (10) of the Patent Rules 2007 (the Rules) prescribe how
section 77(6) takes effect.

Section 77(6) of the Act will cease to have effect on the day appointed by rule
56(10) of the Patents Rules 2007, that is the day of the coming into force of the
London Agreement. Section 77(6) requires that a translation into English of the
specification of a EP(UK) granted, or subsequently amended, in French or
German be filed within three months (rule 56(6)) of the date of grant or publication
of the amendment. From 1 May 2008 a translation of an EP(UK) granted in
French or German will therefore no longer be required.

Transitional arrangements

Article 9 of the London Agreement makes transitional provision to the effect that
the changes apply to European patents whose grant is mentioned in the Bulletin
from the date of coming into force of the Agreement. However, while UK
legislation was implemented in such a way as to ensure that this is the case it also
provides additional benefit to patent proprietors by allowing them to take
advantage of the existing three-month period for filing translations. This means
that any EP(UK) granted on or after 1 February 2008 and therefore having a three
month prescribed period for filing a translation expiring on or after 1 May 2008 will
not require a translation to be filed. Such a patent will automatically become a
patent under the Act by virtue of section 77(1) since section 77(6) will no longer be
in force.

  Sweden and Denmark had an arrangement whereby official ratification would not take place until it was
clear that the Agreement would enter into force. Denmark became the 12th state to ratify the Agreement on
18 January 2008. With Swedish ratification expected shortly, the Agreement will take effect in 14 European

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5 March 2008                                                             Journal 6198

Extending an existing period for filing a translation

Extensions to the prescribed period under rules 108(2) or 108(3) will be treated
under current legislation up until 30 April 2008.

Summary of the translation requirements for European patents (UK)

       For an EP(UK) granted from 1 February 2008

       Patent proprietors will be able to take advantage of the three month
       prescribed period for filing a translation which expires on or after 1 May
       2008. This means that a translation will not need to be filed for the patent
       to enter into force in the UK.

       For an EP(UK) granted between 1 December 2007 and 31 January

       A two month extension to the period may be requested under rule 108(2).
       A two month extension requested before 30 April 2008 will be
       automatically allowed as usual. If the extended period will expire on or later
       than 1 May 2008, a translation will not need to be filed for the patent to
       come into force.

       For an EP(UK) granted prior to 1 December 2007

       Any prescribed period extended under rule 108(2) will expire prior to 1 May
       2008 and a translation must be filed for the patent to come into force in the
       UK unless a discretionary extension under rule 108(3) has been allowed.
       All such extension requests will be considered based upon the facts of the
       individual case.

A Guidance Note for users explains the changes and is available from the UK
Intellectual Property Office website at:

The Patents Act 1977 makes relevant provision in section 77 and is available from
the UK-IPO website at:

The Patents Rules 2007 make relevant provisions in rule 56. These rules are
available on the OPSI website at:

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5 March 2008                                                                Journal 6198

A table listing the Contracting States that have ratified the London Agreement can
be found on the EPO website at:

Implementation of new electronic-Journal service
to replace current Patents & Design Journal (PDJ)

As first announced in the Patents & Designs Journal in April 2007, we will be
implementing a new service on 2 April 2008, to replace the current Patents &
Designs Journal.

The current Journal publishing process (PDF document) will cease at the end of
March and will be replaced with a web based, searchable database for published
patents data, with supplementary web pages to manage official patents notices
and designs data.

The searchable database for published patents data will be updated on a weekly
basis (every Wednesday) and will include data on UK applications filed, UK
applications published, UK applications granted, EP/UK patents, UK ceased and
expired patents and UK terminated applications, along with other proceedings
under the Patents Act and Supplementary Protection Certificates.

This free service will give users the ability to search individual or multiple sections
of data for any given week or range of publication weeks. You will retain the ability
to download all or individual sections of data for any given publication week, and
there will be automatic links to published UK & EP documents and the patents

There will also be supplementary web pages containing standard and special
notices, including Office wide notices and Intellectual Property policy
This new service will commence on the 5 March and will be available from the
following URL:

If you have any queries concerning this notice please contact either Geoff Court
on Tel: 01633 813603 or via e-mail: or Emma Callaghan
on Tel: 01633 814876 or via e-mail:

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5 March 2008                                                            Journal 6198

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

                                                                       SRIS code
        Plaintiff(s) & Defendants(s)            Date Of Hearing

 Dyson Technology Limited                       05 December 2007        C/100/07
 Samsung Gwangju Electronics

 Karen Murphy                                   29 - 30 November        C/101/07
 -and-                                                 2007
 Media Protection Services Limited

 Schlumberger Holdings Limited                  17 January 2008         C/001/08
 Electromagnetic Geoservices

 Cinpres Gas Injection Limited                  27-28 June 2007         C/002/08
 -and-                                          And 20 November
 Melea Limited                                        2007

 M-Systems Flash Disk Pioneers Limited           27-29 November         C/003/08
 -and-                                                2007
 (1) Trek 2000 International Limited
 (2) Trek Technology (Singapore) PTE

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