PA 13 - Mention of inventor; PR 10 & 11 Flashcards
What are the rights of the Inventor S13
S13(1)
Inventor(s) have the right to be mentioned in a granted patent and if possible the published application
What must the applicant do with regard to the Inventor S13
S13(2)
The applicant must provide the UKIPO with
a)the identity of the inventor(s)
b) a derivation of rights if the applicant(s) is not the inventor(s)
What is the time limit for submitting details of the inventor S13
The applicant must file the relevant details within 16 MONTHS FROM PRIORITY
What happens if the inventor is not mentioned in the published applicant or patent
R10
They must be mentioned in a subsequent addendum or erratum
How should you submit infromation regarding an inventor
R10
With Patent Form 7
At filing when should a Form 7 be filed R10
If the applicant is not also the inventor one MUST file the inventors identity
With a divisional application
With replacement filings under S8(3), S12(6) or 37(4)
What is the time scale for filing a PF 7 for a PCT
The later of
16 Months from priority
or two months from the start of the national phase
What can inventor do w.r.t. their rights
The right of an inventor to be mentioned can be WAIVED under R11 and R26(2) if requested before preparations for publication are complete (around 16M and 3W from priority)
They must give reasoning why they do not want to be named, but do not need reasons for not wanting their address to be mentioned
Can you file new inventor details
YES
S13(2) allows for the addition of a name via R10 (2)
What do you do if you think someone should have been named as inventor
R10
A person who alleges that any person ought to have been mentioned as the inventor(s) may apply to the comptroller for that person
in any patent granted for the invention; and
of possible in any published application for a patent for the invention
Can an inventor be removed
YES
via proceedings heard before the Comptroller
BUT
an inventor cannot renounce an invention per se
This is separate from entitlement issues, but can be run in parallel
What details of the inventor are not required
No need to identify nationality
Address can be c/o employer’s address
How can derivation of rights to the applicant be stated I.e. when filing designation of inventor
Stock phrases include:
by assignment from the inventors named overleaf to the applicant
by virtue of a contract of employment
Is evidence required with PF7
No actual assignment/ contract etc is required
What can be done if the deadline for filing a declaration of inventor is missed
There is a TWO-MONTH extension available as of right R108(2)
FORM AND FEE (PF52)
IF missing the deadline was unintentional can use R108(3) or S20A (reinstatement)
