PA 32 – Register of patents e

Question 1

What does S32 concern

Answer 1

The register of patents

Question 2

Who maintains the register

Answer 2

S32(1)
The comptroller

Question 3

Who do the rules of the register apply to

Answer 3

S32(2)
registration or patents and PUBLISHED applications
registration of transactions, instruments or events affecting patent rights
registration of opinions issed under S74A (opinion on validity or infringment)
provision of relevant evidence/documentation
correction of errors in registration
publicising changes to entries in the register

Question 4

What is not recorded on the register

Answer 4

S32(3)
Trsusts are NOT recorded

Question 5

What form should the register be

Answer 5

S32(4) It does not need to be documentary form (i.e. can be online)

Question 6

Who can inspect the register

Answer 6

S32(5)
it is avaliable to the public

Question 7

How can you obtain copies of register entries

Answer 7

S32(6)
Certified and/or uncertified copies of register entries can be obtainted by the public upon payment of the relevant FEE
R48 (DOCUMENTS, but not if it’s excluded under S118 as the application is not yet published, ir if copying it would infringe copyright)
(7) Using FORM 23

Question 8

What can you do if the register entry is non-documentary (i.e. online)

Answer 8

S32(8)
have the right to inspect and
right to extract and uncertified legible copy

Question 9

What evidence for the register give

Answer 9

S32(9)
The register is prima facie evidence that registered events occured

(10)and a certified copy is prima facie evidence of its contents

Question 10

What does certified mean

Answer 10

S32(13)
by the Comptroller with the UKIPO seal

Question 11

How can mistakes in the Register be corrected

Answer 11

R50 (Register ie. not name and address)
Anyone may request correction or any document RELATING TO REGISTRATION in wiriting, and with sufficient evidence to identify the error and the corrections

Question 12

The act only refers to registering published application and patents, what should you do for non-published applications

Answer 12

still NOTIFY the Comtroller of any registerable event

Question 13

How long does it take for a filed document to be on the register

Answer 13

There is a 14-DAY WAIT

Question 14

What should you do for EP(GB) pending cases for registering transactions

Answer 14

you MUST register transactions with the EPO

Question 15

What should you do for registering transactions in PCT applications

Answer 15

CAN notify the IB for licences and assignments

Question 16

What should you do if you have a new client

Answer 16

REGISTER yourself as agent (FORM 51), but don’t have to register to pay renewal fees

Question 17

What is the effective deadline for registering assignments, licences etc

Answer 17

they should be registered WITHIN SIX MONTHS OR AS SOON AS PRACTICAL,

Question 18

What happens if you don’t register an assignment etc

Answer 18

Costs or expenses for infringement proceedings will not be awarded until the transaction is registered