PA 31 - Nature of, and transactions in, patents and applications for patents in Scotland; PR 47, 103, 104 Flashcards
What does S31 concern
transactions in Scotland
What is different for transactions in scotland
Mostly the same as england and wales, but any agreement must conform to Scottish requirements for property transactions
What does R47 concern
registration of transactions under S32(2)b) or S33 (3) (assignments etc)
How should transactions be registered
R47
(a) FORM 21 and FEE
(b) include evidence establishing the transaction
(2) the Comptroller may request further evidence within a time frame
What does R103 concern
Address for service
When does an address for service need to be given
R103(1)
by every applicant for a GB patent, or person who makes any request or opposition under the Act
(2) may also be given by a patent proprietor or other rights holder (e.g. for renewals)
How can you update an address for service
R103(3)
in writing to the Comptroller
Where must an address for service be
R103(4)
For all applicants and for proprietors who chose to have an address for service, it must be in the UK, Gibraltar or the Channel Islands
What happens if an address for service is not given but the Comptroller sill has enough information to contact the party
R104(1)
The Comprtroller shall direct that person to given an address for service
What is the time limit for giving an address for service
R104(2)
TWO MONTHS from notification
What happens if the deadline for providing an address for service is missed, or if the Comtroller does not have information to contact the person
If an application for a patent - it will be deemed withdrawn
For a patent or rights holder - their application, reference, request, or notice of opposition, the request shall be deemed withdrawn
For anyone opposing any application, reference, request, notice, they shall be deemed withdrawn from proceedings
When must transactions be entered in the register
R44(6)
AS SOON AS POSSIBLE
How can names and addresses be corrected
R49
In writing using Form 20
