Your Federal Quarterly Tax Payments are due April 15th Get Help Now >>

154Kb - Intellectual Property Office - Welcome to the Intellectual by wuxiangyu

VIEWS: 8 PAGES: 17

									01.04. 2009                                                              Journal 6254



Filing of PCT - EASY applications at the Intellectual
Property Office
From the 1st April 2009, the Intellectual Property Office will no longer accept PCT
applications in PCT - EASY format (applications filed with the abstract & request
form on disk).

The PCT fee reduction which applied to PCT - EASY applications will no longer
apply from the above date.

If a PCT - EASY application is filed on or after the 1st April 2009, the PCT application
will be treated as a paper filing and the full fee will be required. The disk will no
longer be transmitted to the International Bureau.

As of the 1st April 2009, the options for filing a PCT application at the
Intellectual Property Office are:

     1. Paper filing

     2. Electronic filing:

PCT Safe (WIPO Software) pdf format - £112 reduction
PCT Safe (WIPO Software) xml format - £168 reduction

Or

PCT epoline (EPO Software) pdf format - £112 reduction
PCT epoline (EPO Software) xml format - £168 reduction

Details on how to register and apply for a smart card to file PCT applications
electronically at the Intellectual Property Office by EPOLINE can be found at:

EPOLINE

http://www.ipo.gov.uk/types/patent/p-os/p-apply-online/p-apply-online-epoline.htm

Alternatively, details on how to register for PCT SAFE can be found at:

PCT SAFE

http://www.ipo.gov.uk/types/patent/p-os/p-apply-online/p-apply-online-pctsafe.htm

If you require any further information regarding how to file PCT applications
electronically, please contact the Intellectual Property Office Central Enquiry Unit on
08459 500505 or CentralEnquiries@ipo.gov.uk

If you require any further information regarding any PCT formalities procedures,
please contact the PCT Information line on 01633 814586 or pct@ipo.gov.uk

                                            1
01.04. 2009                                                            Journal 6254


Patent Cooperation Treaty (PCT) Fees
Changes in fees payable under the Patent Cooperation Treaty (PCT)

Notice is given that the fees (chapter1) payable in connection with applications filed
under the Patent Cooperation Treaty at the Intellectual Property Office (RO/GB) are
changed with effect from 01 April 2009.

If a PCT - EASY application is filed on or after the 1st April 2009, the PCT application
will be treated as a paper filing and the full fee will be required. The disk will no
longer be transmitted to the International Bureau.



Transmittal Fee:                                                       £55

Search Fee:                                                         £1352

International Fee:

(a) For the first 30 sheets                                         £745

(b) For each sheet over 30                                             £8

Reductions for E - FILING

Electronic filing (not being in character coded format)             £112

Electronic filing (being in character coded format)                 £168

Fees for preparation of priority document                            £20




                                           2
01.04. 2009                                                       Journal 6254


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


                                                                        SRIS code
           Plaintiff(s) & Defendants(s)             Date Of Hearing
                                                                           No.

Molnlycke Healthcare AB                            26 February 2009      C/020/09
-and-
Wake Forest University

And between:

(1) Wake Forest University Healthcare Sciences
(2) KCI Medical Limited
(3) KCI Medical Resources
-and-
(1) Smith & Nephew Plc
(2) Smith & Nephew Healthcare Limited

IN THE MATTER OF the Patents Act 1977               17, 18 February      C/021/09
-and-                                                    2009
IN THE MATTER OF UK Patent Application No.
GB 0602349.3 in the name of AT & T Knowledge
Ventures LP
-and-
IN THE MATTER OF an appeal from the decision
of the Comptroller General of Patents dated 2
July 2008
-and-
IN THE MATTER OF the Patents Act 1977
-and-
IN THE MATTER OF UK Patent Application No.
GB 0623571.7 in the name of CVON Innovations
Limited
-and-
IN THE MATTER OF an appeal from the decision
of the Comptroller General of patents dated 15
August 2008

Novartis AG                                           18 – 19, 23        C/022/09
-and-                                                February 2009
Dexcel-Pharma Limited

Virgin Atlantic Airways Limited                    12 February 2009      C/023/09
-and-
(1) Premium Aircraft Interiors Group

                                          3
01.04. 2009                                                  Journal 6254


(2) Premium Aircraft Interiors UK Limited


Laboratorios Almirall S.A.                     27 February 2009    C/024/09
-and-
Boehringer Ingelheim International GmbH

MMI Research Limited                           11 – 13, 16 – 18    C/025/09
-and-                                           & 20 February
(1) Cellxion Limited                                 2009
(2) Cellxion Networks LLC
(3) Mark Brumpton
(4) Datong Electronics Plc
(5) Rohde & Schwarz GMBH & Co. KG.
(6) Anthony Timson

Virgin Atlantic Airways Limited                12,13,14,17,18,1    C/026/09
-and-                                          9,20,21,24,25,27,
(1) Premium Aircraft Interiors Group Limited     28 November
(2) Premium Aircraft Interiors UK Limited            2008

(1) James Duncan Kelly                          02 March 2009      C/027/09
(2) Kwok Wai Chiu
-and-
G E Healthcare Limited

(1) James Duncan Kelly                          02 March 2009      C/028/09
(2) Kwok Wai Chiu
-and-
G E Healthcare Limited




                                        4
01.04. 2009                                                              Journal 6254




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             Request for uncertified copy from file or register                  ,5

Designs             Request for uncertified copy of extract                             ,5


                                          5
01.04. 2009                                                       Journal 6254



Trade Marks           Request for uncertified copy from file or register              ,5
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.




                                        6
01.04. 2009                                                          Journal 6254




 Directions under section 123(2A) of the Patents Act
                        1977

                  Patents Forms 2, 15, 21 and 52
1.    The comptroller has made these Directions under section 123(2A) of the
Patents Act 1977.

2.     These Directions set out some changes to the forms whose use is required by
rules.

3.    These Directions come into force on 6 April 2009.

4.     The following Patents Forms as set out in the Schedule to these Directions
are the forms the use of which is required by the Patents Rules 2007 (SI 2007/3291):

Patents Form 2 (Initiation of proceedings before the Comptroller)

Patents Form 15 (Notice of opposition)

Patents Form 21 (Application to register or give notice of rights acquired in a patent
or in an application for a patent)

Patents Form 52 (Request to extend a prescribed time limit)

5.     Patents Forms 2, 15, 21 and 52, as so set out, replace the corresponding
forms in the Schedule to the Directions made on 5 December 2007 (which came into
force on 17 December 2007). The Directions made on 5 December 2007 are, to that
extent, revoked.




SEAN DENNEHEY
Assistant Comptroller and Director of Patents
Acting for the Comptroller-General of Patents, Designs and Trade Marks




                                          7
01.04. 2009                                                           Journal 6254



Guidance and notes on the Directions given under
section 123(2A) concerning Patents Forms 2, 15, 21
and 52
   (a) These notes are not part of the Directions. They are intended to provide
       background and additional information.

   (b) The Interpretation Act 1978 applies to these Directions. Therefore, all the
       definitions set out in the Patents Act apply to these Directions. Further,
       amongst other things, generally any words importing the masculine gender
       include the feminine and words in the singular include the plural and words in
       the plural include the singular.

   (c) Section 123(2A) of the Patents Act allows the comptroller to give directions
       specifying any forms the use of which is required by the Patents Rules.

   (d) Patents Forms 2, 15, 21 and 52 have been revised as set out below.

   Patents Form 2 (Initiation of proceedings before the Comptroller)

   (e) Part 6 has been amended to allow an address for service in the European
       Economic Area or Channel Islands to be provided. This reflects changes to
       the Patents Rules which come into force on 6 April 2009. A related note (f)
       has been added to the guidance notes to inform that, although an address for
       service in the Channel Islands may be provided, any appointed agent must
       reside or have a place of business in the European Economic Area or Isle of
       Man.

   (f) Part 4 has been amended to clarify that names and addresses of all those
       initiating proceedings need to be provided.

   (g) Part 7 and guidance note (i) (old note (h)) have been amended to clarify that if
       two or more professionally unrepresented claimants wish to initiate
       proceedings before the Comptroller, each of them needs to sign the form.

   (h) Part 8 has been amended to remove the reference to „the applicant‟, to avoid
       confusion with the patent applicant/proprietor.

   Patents Form 15 (Notice of opposition)

   (i) Part 6 has been amended to allow an address for service in the European
       Economic Area or Channel Islands to be provided. This reflects changes to
       the Patents Rules which come into force on 6 April 2009. A related note (e)
       has been added to the guidance notes to inform that, although an address for
       service in the Channel Islands may be provided, any appointed agent must
       reside or have a place of business in the European Economic Area or Isle of
       Man.


                                          8
01.04. 2009                                                         Journal 6254


   (j) Part 8 has been amended to remove the reference to „the applicant‟, to avoid
       confusion with the patent applicant/proprietor.

   Patents Form 21 (Application to register or give notice of rights acquired in
   a patent or in an application for a patent)

   (k) Part 4 has been amended to require the name and address of the or of each
       person acquiring the rights.

   (l) Note (e) has been amended to remove the reference to „the person(s) making
       this application‟ in light of the changes made to part 4, and has further been
       amended to clarify the circumstances under which documentary evidence
       should be provided.

   (m)Note (e) has been appended to inform the person(s) completing the form that
      any documents filed will be subject to destruction in due course, and to advise
      that original documents are not required as photocopies are sufficient.

   Patents Form 52 (Request to extend a prescribed time limit)

   (n) Part 5 has been amended to clarify that a time period to be extended may be
       provided in that part of the form.

   (o) All of the UK Patents Forms (and information about associated fees) are
       available from: http://www.ipo.gov.uk/pro-types/pro-patent/pro-p-
       formsfees.htm

   (p) Any queries about these Directions should be addressed to:
              Patents Legal Section
              Concept House
              Cardiff Road
              Newport
              South Wales
              NP10 8QQ
              United Kingdom
       Tel: +44 (0)1633 814839




                                         9
01.04. 2009                                                                                        Journal 6254




Patents Form 2
Patents Act 1977 (Rule 76(3), 89(1), 98(3))
                                                                                                                Concept House
Initiation of proceedings before the Comptroller                                                                  Cardiff Road
                                                                                                                      Newport
(See the notes on the back of this form. You can also get                                                         South Wales
a leaflet from the Office explaining the use of this form)                                                         NP10 8QQ

1   Your reference


2   Patent application or patent number(s)
    to which the proceedings relate
    If none, write “NONE”

3   Full name of the or of each patent applicant
    or proprietor (if known)



4   Name, address and postcode of all those initiating            proceedings




    Patents ADP number (if you know it)

5   Relevant legal provision(s)
    (see notes (d) & (e))

6   Name of your agent (if you have one)

    “Address for service” in the European Economic Area or Channel Islands to which all correspondence
    should be sent (see note (f))
    (including the postcode)




    Patents ADP number (if you know it)

7                                                                 Signature(s)                           Date



8   Name, e-mail address, telephone, fax and /or
    mobile number, if any, of a contact point



(REV APR09)               Intellectual Property Office is an operating name of the Patent Office   Patents Form 2




                                                        10
01.04. 2009                                                                              Journal 6254


Patents Form 2

Notes

a) If you need help to fill in this form or you have any questions, please contact the Office on 08459
500505

b) Write your answers in capital letters using black ink or you may type them.

c) If there is not enough space for all the relevant details on any part of this form, please continue on
a separate sheet of paper and write “see continuation sheet” in the relevant part(s) of the form. Any
continuation sheets should be attached to this form.

d) This form may be used to initiate proceedings under the following provisions

     i)     Patents Act 1977 sections 8(1)(a), 8(1)(b), 10, 11(5), 12(1)(a), 12(1)(b), 12(4), 13(3), 37(1)(a),
            37(1)(b), 37(1)(c), 38(5), 40(1), 40(2), 41(8), 46(3)(a), 46(3)(b), 47(3), 48(1)(a), 48(1)(b),
            48(1)(c), 50A(2), 51(1), 52(2)(a),61(3), 71(1), 72(1).

     ii)    Patents Rules 2007 rule 10(4), rule 88(1), rule 98(3), paragraph 7(4) of Schedule 1.

     iii)   Compulsory Licensing Regulation Articles 5(c), 6(1), 10(8), 16(1), 16(4).

e) You may use this form to initiate proceedings under more than one provision and/or in respect of
more than one invention, patent application or patent, as long as the same cause of action is
involved. In this case, you need to      pay only one fee, if a fee is required.

f)    Although you may have an address for service in the Channel Islands, any agent you appoint to
      act for you must reside in or have a place of business in the European Economic Area or Isle of
      Man.

g) You must file this form in duplicate.

h) You must file two copies of a statement or joint statement under the relevant rule at the same time
as you file the form. However, if you are starting proceedings under section 46(3) and you are not
the patent proprietor, you should instead file two copies of the draft licence that you propose should
be granted (see rule 89).

i) Once the form has been filled in, it needs to be signed and dated. Unless you are professionally
represented, all those initiating proceedings need to sign the form.

j) For details of fees and ways to pay, please contact the Office.




(REV APR09)                                                                              Patents Form 2




                                                       11
01.04. 2009                                                                                       Journal 6254


 Patents Form 15

 Patents Act 1977 (Rule 76 (3))                                                                            Concept House
                                                                                                             Cardiff Road
                                                                                                                 Newport
Notice of opposition                                                                                         South Wales
(See the notes on the back of this form. You can also get an explanatory leaflet                              NP10 8QQ
from the Office to help you fill in this form)

1. Your reference



2. Patent application or patent number(s)
   to which the proceedings relate
   If none, write “NONE”

3. Full name of the or of each applicant or
   proprietor (if known)




4. Your name, address and postcode


     Patents ADP number (if you know it)



5. Relevant section(s) of the Patents Act 1977
   (see note (d))



6. Name of your agent (if you have one)



     “Address for service” in the European Economic Area or Channel Islands to which all correspondence
     should be sent (see note (e))
     (including the postcode)

     Patents ADP number (if you know it)




7.                                                             Signature                                     Date



8. Name, e-mail address, telephone, fax and / or
   mobile number, if any, of a contact point

(REV APR09)              Intellectual Property Office is an operating name of the Patent Office          Patents Form 15


                                                        12
01.04. 2009                                                                          Journal 6254


Patents Form 15
Notes

a) If you need help to fill in this form or you have any questions, please contact the Office on 08459
   500505.

b) Write your answers in capital letters using black ink or you may type them.

c) If there is not enough space for all the relevant details on any part of this form, please continue on
   a separate sheet of paper and write “see continuation sheet” in the relevant part(s). Any
   continuation sheets should be attached to this form.

d) You may use this form to give notice of opposition under sections: 27(5), 29(2), 47(6), 75(2),
   117(2).

e) Although you may have an address for service in the Channel Islands, any agent you appoint to
   act for you must reside in or have a place of business in the European Economic Area or Isle of
   Man.

f)   You must file this form in duplicate.

g) You must also file two copies of a statement with this form.

h) Once you have filled in the form remember to sign and date it.

i)   For details of fees and ways to pay, please contact the Office.




 (REV APR09)                                                                      Patents Form 15


                                                   13
01.04. 2009                                                                                 Journal 6254




Patents Form 21
Patents Act 1977 (Rule 47)

                                                                                                           Concept House
Application to register or give notice of rights                                                             Cardiff Road
acquired in a patent or in an application for a patent                                                           Newport
                                                                                                             South Wales
(See the notes on the back of this form)                                                                      NP10 8QQ

1   Your reference:


2   Patent application or patent number(s)
    (see notes (c) & (f))

3   Full name and address of the or of each patent
    applicant or proprietor (as currently on the
    register or application(s))

    Patents ADP number (if you know it)




4   Full name and address of the or of each person
    acquiring the rights


     Patents ADP number (if you know it)



5   Give details of the transaction, instrument or
    event which affects the rights in the or each
    patent application or patent identified in part
    2 above, including its date and the names of all
    the parties involved.
    (see note (d))



6   Name of your agent (if you have one)

    “Address for service” in the European Economic
    Area or Channel Islands to which all
    correspondence should be sent (see note (g))
    (including postcode)

    Patents ADP number (if you know it)



(REV APR09 UK Intellectual Property Office is an operating name of the Patent Office   Patents Form 21




                                                         14
          01.04. 2009                                                                          Journal 6254


   Patents Form 21
          7   (Name of each signatory should also be               I/we hereby confirm that rights as indicated in part 5 above
              entered, and status if relevant)                     have been acquired and that any necessary stamp duty has
              (see note e)                                         been paid.

                                                                   Signature(s)                               Date




          8   Name, e-mail address, telephone, fax and/or
              mobile number, if any, of a contact point for the
              applicant

Notes

a) If you need help to fill in this form or you have any questions, please contact the Office on 08459 500505.

b) Write your answers in capital letters using black ink or you may type them.

c) You may use this form for more than one application or patent if the same transaction, instrument or event is
   involved.

d) Section 33 (3) of the Patents Act 1977 specifies the relevant transactions, instruments and events (which
   include assignments, licences and mortgages). You can also use this form to request that the comptroller
   enters in the Register an equitable interest in a patent or application (e.g. an agreement to assign)

e) Part 7 should be signed and dated. Documentary evidence sufficient to establish the transaction should
   accompany this form if:

   •         in the case of an assignment, it is not signed by or on behalf of the parties assigning the rights, or
   •         in the case of a mortgage or the grant of a licence or security, it is not signed by or on behalf of
   the mortgagor or grantor of the licence or security.

   Any documents filed as evidence will be destroyed in due course. Original documents are not required –
   photocopies are sufficient.

f) If there is not enough space for all the relevant details on any part of this form, please continue on a
   separate sheet of paper and write “see continuation sheet” in the relevant part(s) of the form. Any
   continuation sheets should be attached to this form.

g) Although you may have an address for service in the Channel Islands, any agent you appoint to act for you
   must reside in or have a place of business in the European Economic Area or Isle of Man.

h) For details of the fee and ways to pay, please contact the Office.

(REV    APR09)                                                                         Patents Form 21


                                                             15
01.04. 2009                                                                                      Journal 6254




Patents Form 52
Patents Act 1977(Rules 108(2) and 108(3))                                                                  Concept House
                                                                                                             Cardiff Road
                                                                                                                 Newport
Request to extend a prescribed time limit                                                                    South Wales
(See the notes on the back of this form)
                                                                                                                 NP10 8QQ


1       Your reference

2       Patent application or patent number


3       Full name of the applicant or of each
        patent applicant or proprietor

        Patents ADP number
        (if you know it)


4       Is the request being made under:

        (i)     rule 108(2) (for an extension of two
                months) or

        (ii)    rule 108(3) (for further extension or an
                extension of more than two months)?

5       Which form, fee, document or information are
        you filing late, or which time period do you wish
        to extend?



6                                                                             Signature                  Date




7       Name, e-mail address, telephone, fax and/or
       mobile number, if any, of a contact point for
       the applicant




    (REV APR09)       Intellectual Property Office is an operating name of the Patent Office   Patents Form 52




                                                         16
01.04. 2009                                                                         Journal 6254



Notes

a) This Form is used either:

    (i) to request a two month extension (where no such request has been made previously) to a
time period
    prescribed by the rules listed in part 2 of Schedule 4 of the Patents Rules, or;
    (ii) to request the comptroller to otherwise extend (or further extend) a time period prescribed by
    the rules
         listed in part 2 of Schedule 4 of the Patents Rules.

     Where the request is made under (ii) above you must send evidence supporting the grounds for
     the request either with this form or as soon as possible afterwards (unless the Office otherwise
     directs).

b) If the time period you wish to extend appears in part 3 of Schedule 4 of the Patents Rules you
may request
    an extension of two months to these periods under the provisions of (i) above (rule 108(2)).
Further
    extensions for these time periods are available under rule 108(3) however you should contact the
    Office for advice on when these extensions are available.

c) Information on the rules listed in Schedule 4 of the Patents Rules and copies of the schedule itself
can be obtained from the Office.

d) If you need help to fill in this form or you have any questions, please contact the Office on 08459
500505.

e) Write your answers in capital letters using black ink or you may type them.

f)   Once you have filled in this form remember to sign and date it.

g) For details of the fee and ways to pay, please contact the Office.




 (REV APR09)                                                                      Patents Form 52


                                                   17

								
To top