PA 11 - Effect of transfer under S8 or 10

Question 1

what happens to extant rights e.g. a licence after the effect of transfer of an application if some applicants remain the same under S8 and S10

Answer 1

S11(1)
Extant rights (e.g. licence) are normally allowed to continue IF one or more of the ORIGINAL applicants remains

Question 2

what happens to extant rights after the effect of transfer of an application if NONE of the applicants remain the same under S8 and S10

Answer 2

S11(2)
If NONE of the original applicants remain, then any license lapses upon registration of the new applicant

Question 3

What happens if a third party or original applicant was working or making serious preparations to work the invention when none of the original applicants remain after a transfer under S8 or S10

Answer 3

S11(3)
But if they were working or making serious and effective preparations to work the invention IN GOOD FAITH in the UK prior to a reference under S8, the third party is entitled to be granted a licence from the new proprietor of the contested application
S11(3A)
or proprietor of a new application made from excised matter

Question 4

When should new licences be requested under S11 (3) or (3A)

Answer 4

Licences should be requested within TWO MONTHS of the order of transfer (i.e. FROM notification of the Comptroller’s decision)

Question 5

What sort of licence are third parties entitled to under S11 (3) or (3A)

Answer 5

A licence for reasonable terms and periods

Question 6

What can affected parties in S11 (2) or (3A) do

Answer 6

They can challenge the transfer and the terms of any licence under the rules for proceedings heard before the Comptroller