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FD1 > Formalities > Flashcards

Formalities Flashcards

1
Q

Deadline to file claims and abstract (direct GB)?

A

Later of 12m from priority and 2m from filing.

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2
Q

Deadline to pay application fee (direct GB)?

A

Later of 12m from priority and 2m from filing.

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3
Q

Deadline to request search, pay search fee, and excess claims fees (direct GB)?

A

Later of 12m from priority and 2m from filing.

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4
Q

Deadline to request substantive examination and pay fee (direct GB)?

A

6m from publication.

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5
Q

Deadline to file declaration of inventorship (direct GB)?

A

16m from priority.

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6
Q

Deadline to file certified copy of priority document (non-div)?

A

16m from priority.

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7
Q

When are as of right (R180(2)) and discretionary (R108(3)) extensions not available on formalities requirements for a divisional application?

A

When filing a divisional application less than 6m before compliance date.

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8
Q

Deadline to file claims and abstract (divisional >6m before compliance)?

A

Later of 12m from priority and 2m from filing divisional.

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9
Q

Deadline to pay application fee (divisional >6m before compliance)?

A

Later of 12m from priority and 2m from filing divisional.

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10
Q

Deadline to request search, pay search fee, and excess claims fees (divisional >6m before compliance)?

A

Later of 12m from priority and 2m from filing divisional.

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11
Q

Deadline to request substantive examination and pay fee (divisional >6m before compliance)?

A

Later of 2m from filing of divisional and 2y from filing of parent application.

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12
Q

Deadline to file declaration of inventorship (divisional >6m before compliance)?

A

Later of 16m from priority and 2m from filing divisional.

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13
Q

Deadline to file certified copy of priority document (divisional >6m before compliance)?

A

Priority doc should already be available to UKIPO, but if not 16m from priority date.

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14
Q

Are as of right extensions (R108(2)) available on formalities deadlines for non-divisional applications? If so, how long?

A

Yes, 2m, form and fee.

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15
Q

Are discretionary extensions (R108(3)) available on formalities deadlines for non-divisional applications? If so, when must they be requested?

A

Yes, within 2m of the deadline passing (>2m requires reinstatement).

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16
Q

When are all formalities due for divisional applications filed within 6m of the compliance deadline?

A

On filing.

17
Q

What are the relevant 30m states?

A

US, JP, CN (CN has 2m extension)

18
Q

What are the relevant 31m states?

A

EP, GB

19
Q

How can the national phase be entered into early?

A

By requesting early processing.

20
Q

Deadline to request search, pay search fee, and excess claims fees (PCT(GB))?

A

Later of 12m from priority, 2m from filing, and 2m from entering national phase.

21
Q

Deadline to file declaration of inventorship (PCT(GB))?

A

Should be mentioned in international phase, but if not later of 16m from priority, and 2m from entering national phase.

22
Q

Deadline to request substantive examination and pay fee (PCT(GB))?

A

33m from effective date.

23
Q

What is the deadline to file a divisional application?

A

3m before the compliance deadline, or 2m from the issue of a s18(4) communication.

24
Q

What is the deadline for the compliance period?

A

Later of 4.5y from filing and 1y from issue of first s18(3) communication.

25
Q

When can the compliance period not be extended?

A

When a s18(4) communication has been issued?

26
Q

A divisional application is filed before 1 May 2023, what compliance period deadline will it inherit?

A

The extended or unextended deadline of the parent application.

27
Q

A divisional application is filed after 1 May 2023, what compliance period deadline will it inherit?

A

The unextended deadline of the parent application (not the extended deadline). m

FD1 (4 decks)

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