PA 29 – Surrender of patents; PR 40 Flashcards
What does S29 concern
Surrender of patents
When can a proprietor surrender their patent
S29(1)
They may offer to surrender it at any time
Who can oppose a surrender of a patent
S29(2)
A third party can oppose the surrender
What happens if a surrender of a patent is accepted
S29(3)
If the surrender is accepted, it has effect from the date of notification in the OJ, and one cannot sue afterwards for prior infringements
What does R40 concern
the restoration of lapsed patents under S28
When can you apply for restoration of a patent
R40(1)
Before the end of 13 CALENDAR MONTHS from the END OF THE GRACE PERIOD
How do you apply for restoration of a patent
R40(2)
With PF16 and FEE
What happens when an application for restoration is made
R40(3)
It is published in the OJ
What is needed to be able to restore a patent
R40(4)
The application should enclose supporting evidence
What is the time limit for providing evidence for a restorations
R40(5)
Either with the initial application, or the Comptroller will specify a period to provide it
What happens when a negative decision is arrived at for restoration
R40(6)
The Comptroller will notify the applicant
What is the time limit for appealing a negative decision on restoration
R40(7)
the applicant has ONE MONTH from notification of a decision to request a hearing
What happens at a hearing after a negative decision on restoration
R40(8)
The applicant will be heard before the Comptroller makes a decision
What happens if a restoration is allowed
R40(9)
It is advertised in the OJ
How do you give notice of an offer to surrender
R42
It is given in writing (FORM) to the Comptroller
a) stating that there is no pending action for revocation or infringement (e.g. likely question on validity which can result in RETROACTIVE loss)
b) where an action is pending, full details of the action should be given
