Foreign Filing Procedures
|
|
- Kory Allen Moody
- 5 years ago
- Views:
Transcription
1 Foreign Filing Procedures COSTA RICA 1) Country name: Costa Rica 2) What is language of filing? Spanish only 3) Is this country a member of PCT and/or convention country (yes/no)? Yes 4) National phase: a. What is the time period for entering the national phase (30/31 months)? 31 months b. Is there any extension of time allowed for entering the national phase (yes/no)? No c. How many months extension is allowed? N/A d. How much extra fee has to be paid for the extension? N/A 5) Types of patents allowed: a. What are the different types of patents allowed and the specific terminology used (e.g., design, utility model, petty patent, etc.)? Patent of Invention, utility model and industrial design. b. What is the time required for grant for each type of patent? months for patents of invention and utility models; months for industrial designs. c. What is the term (period of protection) for each type of patent? 20 (patent of invention) and 10 (utility models and industrial designs) d. For utility models: i. What type of claims are allowed (e.g., process/product/device)? Product/device. ii. How many claims are allowed? Indefinite. 6) What is non-patentable subject matter? Give a list.
2 (a) inventions, the use of which would necessarily need to be stopped to protect public order, morality, people or animals' health or to avoid severe environmental damage; (b) therapeutical, diagnostic, or surgical methods applicable to the treatment of humans or animals; (c) plants and animals, except microorganisms not found in nature; (d) essentially biological processes for the production of plants or animals, except for non-biological or microbiological processes; and (e) in general, inventions lacking novelty or those that do not substantially modify a prior invention. 7) Documents for filing: a. What documents are required at the time of filing? Give a list with time limits for submission. (a) Power of Attorney; requires notarization under the laws of the country of execution (i.e. India). (b) If inventor is not the applicant, Assignment Document; requires apostille under the Hague Convention or legalization by the nearest Costa Rican Consulate. (c) Translation into Spanish of any documents written in a foreign language; namely the description, drawings, claims and abstract. b. What is the late filing fee? US$120 (service fee) c. Can scanned copies be submitted or originals are required? The PoA and Assignment must be original. d. What are the specific requirements for documents (size, paper, margin, etc.)? None in particular. Letter-sized sheets of paper preferred. e. What are the specific requirements for drawing (size, paper, margin, etc.)? None in particular. f. How many claims are allowed in the fixed government fee? Indefinite. g. What is the fee for each extra claim? N/A
3 h. Is there any requirement for legalization/notarization of documents? Yes, the Power of Attorney requires notarization under the laws of the country of execution. The assignment requires consular legalization or, preferably, apostille under the Hague Convention. i. Is there any requirement for submitting prior art search documents? No. j. Is a foreign filing license required to be submitted? No. 8) Translation: a. Which specific documents have to be translated (e.g. full specification, only claims)? Claims, description, drawings, abstract. b. Is it is essential to submit the translation at the time of filing or part of translation (yes/no)? No. c. If no, what is the time period of submission of translation? 15 working days as of the filing date. d. Is there any extension allowed for submitting translation? If yes, what is the extra fee, if any? N/A 9) Missing documents: a. What is the period for submitting missing documents? In general, 15 working days as of the filing date. The PoA and the Assignment (if required) within 3 months as of the filing date. b. Is there any extension allowed for late submission of documents. Due to the difficulty of obtaining the apostilled/legalized Assignment, the Patent Office in practice allows an extra time frame to submit said document in addition to the standard 3 months. c. What is the fee, if any, for late submission of documents? US$120 (service fee) 10) Amendments: a. Are amendments allowed or no? Yes b. What is the time period for submission of amendments? Before examination
4 c. What is the fee, if any for submission of amendments? No official fee, attorney time billed at the rate of US$150/hr. 11) Publication: a. What is time period for publication of application? Approx. 1-3 months after the filing date. b. What is the fee, if any for publication? US$125 approx. (already included in the filing invoice) c. Can a request for early publication be made (yes/no)? If yes, what is the fee, time and procedure? N/A d. Can a request for non publication be made (yes/no)? If yes, what is the fee, time and procedure? No. 12) Examination: a. A request has to be filed for examination, or is it automatic? Automatic. The Office issues an invoice inviting the applicant to pay the fee. b. What is the time period for filing request for examination? N/A c. What is the fee for filing request for examination? $600 for patents of invention and utility models; $465 for designs. d. Is there any pre-condition for filing a request for examination (e.g. availability of search report in EPO)? No. e. Can the time period for filing request for examination be extended? If yes, for how much time, and how much extra fee, if any? No. f. What is the present backlog in receiving First Examination Report? 18 to 24-months. 13) Early/Accelerated examination: a. Is early/accelerated examination allowed (yes/no)? No. b. What is the time period for requesting early/accelerated examination? N/A c. What is the fee, if any, for requesting early/accelerated examination? N/A d. Is there any other pre-condition for requesting early/accelerated examination? N/A 14) Office action:
5 a. What is the time period for replying to office actions? 15 working days. b. Is there any extension of time allowed for replying to office actions? No. c. What is the fee, if any, for extension of time for replying to office actions? N/A d. What are the provisions for Request for Continued Examination (RCE)? N/A 15) Pre-grant opposition (or third party observation): a. Is there any pre-grant opposition (yes/no)? Yes. b. Who can file a pre-grant opposition? Any party with a legitimate interest. c. What is the time period for filing pre-grant opposition? 3 months. d. What is the fee for filing pre-grant opposition? US$25. e. What are the conditions for filing pre-grant opposition? Filing evidence and paying the fee. 16) Grant: a. Is there notice of allowance of patent (yes/no)? Yes. b. Is there any publication of grant (yes/no)? Yes. c. What is the issue/publication fee, if any? $500/$125 + service fee d. What is the time period for handing over certificate? 24-36months. e. Plaque. The Office issues a certificate. 17) Maintenance of patent: a. When does the time start for maintenance of patent (before/after grant)? After grant. b. What is the frequency for payment of maintenance fee? Yearly, but 2 or more annuities may be paid in advance. c. What is the maintenance fee every year, for the full term of the patent? $500 per year. d. Is there any requirement for statement of working which needs to be submitted annually/on demand? No. 18) Rights of patentee:
6 a. From when do the rights of patentee accrue? Protection is assured from the date of filing of the application or the applicable priority date but it does not become effective until the patent is granted. b. From when can the patentee file infringement proceeding? Prior to grant, but enforcement of a judgment shall be deferred until grant. 19) Compulsory license: a. What are the provisions for compulsory license? If the invention is not worked, it must be licensed; public utility licenses when national emergencies, security interest or public reasons so demand. b. Who can apply for compulsory license? Government or any party with a legitimate interest. c. What is the time period for applying for compulsory license? For the government, during the entire lifetime of the patent. For third parties claiming lack of working, 3 years after grant or 4 years after the filing date, whichever is the longest. d. What is the fee for applying for compulsory license? N/A e. What are the conditions for grant of compulsory license? See 19.a above. Either lack of working 3 years after grant or 4 years after the filing date or being sanction for anti-trust violations. f. When and how can an opposition to the grant of compulsory license be filed? It can always be challenged, based on the general principles of due process of law. 20) Post-grant opposition: a. What are the provisions for post-grant opposition? N/A b. Who can file a post-grant opposition? c. What is the fee for filing post-grant opposition? N/A 21) Revocation: a. What are the provisions for revocation? Nullity/caducity is available. b. Who can file revocation proceedings? Any party with a legitimate interest or ex officio by the Office.
7 c. When can revocation proceedings be filed? At any time during the lifetime of the patent. d. What is the fee for filing revocation proceedings? N/A
NEW ZEALAND - Patents - Schedule of Charges
NEW ZEALAND - Patents - Schedule of Charges Including forwarding any examination report 1 Filing Standard application and forwarding the Letters Patent Deed 250.00 800.00 1050.00 2 Filing PCT NZ National
More informationAUSTRALIA - Standard Patents - Schedule of Charges
AUSTRALIA - Standard Patents - Schedule of Charges Effective 1 January 2018 Applications 1 Filing non-convention Standard application (filed electronically) 370.00 630.00 1000.00 2 Filing PCT AU National
More information[English translation by WIPO] Questionnaire on Exceptions and Limitations to Patent Rights
[English translation by WIPO] Questionnaire on Exceptions and Limitations to Patent Rights The answers to this questionnaire have been provided on behalf of: Country: Office: Dominican Republic... National
More informationRksassociate Advocates & Legal Consultants ebook
Rksassociate Advocates & Legal Consultants ebook Contents PATENTS 1. Types of Patent Applications 2. Patentable Inventions 3. Non-Patentable Inventions 4. Persons Entitled to apply for Patent 5. Check-List
More informationWHAT HAS CHANGED for TRADEMARKS with THE NEW TURKISH IP CODE?
1 WHAT HAS CHANGED for TRADEMARKS with THE NEW TURKISH IP CODE? VALIDITY TERM National and international trademark and design applications as well as geographical indication applications made to the Turkish
More information[English translation by WIPO] Questionnaire on Exceptions and Limitations to Patent Rights
[English translation by WIPO] Questionnaire on Exceptions and Limitations to Patent Rights The answers to this questionnaire have been provided on behalf of: Country: Costa Rica... Office: Industrial Property
More informationLALL & SETHI ADVOCATES
PATENT IN I. Filing of Application An application for patent can be made by completing and submitting a set of forms along with the prescribed fees with the Indian Patent Office (IPO). To file an application
More information3. TITLE OF INVENTION (Must agree with the PCT publication document if applicable.)
1. CLIENT INFORMATION Name : Telephone: Facsimile: e-mail: 2. CASE REFERENCE: 3. TITLE OF INVENTION (Must agree with the PCT publication document if applicable.) 4. DETAILS OF INTERNATIONAL APPLICATION
More informationPART I IMPLEMENTING REGULATIONS TO PART I OF THE CONVENTION
EUROPEAN PATENT OFFICE Implementing Regulations to the Convention on the grant of European Patents as last amended on 15 October 2014 enter into force on 1 April 2015 TABLE OF CONTENTS PART I IMPLEMENTING
More informationAZERBAIJAN Law on Patent Date of Text (Enacted): July 25, 1997 ENTRY INTO FORCE: August 2, 1997
AZERBAIJAN Law on Patent Date of Text (Enacted): July 25, 1997 ENTRY INTO FORCE: August 2, 1997 TABLE OF CONTENTS Chapter I General Provisions Article 1 Basic notions Article 2 Legislation of the Republic
More informationMASTERCLASS PATENT FORMALITIES IN LATIN AMERICA. Platform formalities Officers Unilever Center, Vlaardingen NL. 29 th September 2016
MASTERCLASS PATENT FORMALITIES IN LATIN AMERICA Platform formalities Officers Unilever Center, Vlaardingen NL 29 th September 2016 2 01 ARGENTINA 02 BRAZIL 03 04 05 06 CHILE MEXICO ANDEAN COMMUNITY (COLOMBIA,
More informationJordanian Patent Office
Jordanian Patent Office Industrial Property Protection Directorate Ministry of Industry and Trade UNDP/WHO - Examination of pharmaceutical patents from a public health perspective Cairo, 14-15 April 2009
More informationPATENT COOPERATION TREATY (PCT)
E PCT/GL/ISPE/6 ORIGINAL: ENGLISH DATE: June 6, 2017 PATENT COOPERATION TREATY (PCT) PCT INTERNATIONAL SEARCH AND PRELIMINARY EXAMINATION GUIDELINES (Guidelines for the Processing by International Searching
More informationSchedule of Fees and Charges. Effective: 1st January 20 16
Schedule of Fees and Charges Effective: 1st January 20 16 Postal Address Patent Attorney s Bureau B & Co. 12 Kropivnitskogo Street Kyiv 04, Ukraine Phone/Fax: +380 (044) 234 93 01 E-mail: contact@b-a-co.com
More informationPATENT ACT (UNOFFICIAL CLEAR TEXT) I. GENERAL PROVISIONS
PATENT ACT NN 173/03, 31.10.2003. (in force from January 1, 2004) *NN 87/05, 18.07.2005. (in force from July 18, 2005) **NN 76/07, 23.07.2007. (in force from July 31, 2007) ***NN 30/09, 09.03.2009. (in
More informationAnnex 2 DEFINITIONS FOR TERMS AND FOR STATISTICS ON PROCEDURES
DEFINITIONS FOR TERMS AND FOR STATISTICS ON PROCEDURES This annex contains firstly definitions of the main terms used in the report 51. After that there is an explanation of the patent procedures relating
More informationTHE ACTS ON AMENDMENTS TO THE PATENT ACT */**/***/****/*****/******/*******
Patent Act And THE ACTS ON AMENDMENTS TO THE PATENT ACT */**/***/****/*****/******/******* NN 173/2003, in force from January 1, 2004 *NN 87/2005, in force from July 18, 2005 **NN 76/2007, in force from
More informationQUESTION PAPER REFERENCE: FC3 PERCENTAGE MARK AWARDED: 59% six months after the publication of European search report
QUESTION PAPER REFERENCE: FC3 PERCENTAGE MARK AWARDED: 59% Question 1 a) Deadline for validating granted European patent in EPC six months after the publication of European search report 0 b) i) Germany
More informationHUNGARY Patent Act Act XXXIII of 1995 as consolidated on March 01, 2015
HUNGARY Patent Act Act XXXIII of 1995 as consolidated on March 01, 2015 TABLE OF CONTENTS PART I INVENTIONS AND PATENTS Chapter I SUBJECT MATTER OF PATENT PROTECTION Article 1 Patentable inventions Article
More informationFrequently Asked Questions. Trade/service marks: What is a trade/service mark?
Frequently Asked Questions Trade/service marks: What is a trade/service mark? Is a distinctive sign that serves to distinguish the goods and/or services of one enterprise from those of other enterprises.
More informationFINLAND Patents Act No. 550 of December 15, 1967 as last amended by Act No. 101/2013 of January 31, 2013 Enter into force on 1 September 2013
FINLAND Patents Act No. 550 of December 15, 1967 as last amended by Act No. 101/2013 of January 31, 2013 Enter into force on 1 September 2013 TABLE OF CONTENTS CHAPTER 1 General Provisions Section 1 Section
More informationPATENT. Copyright Henry Goh & Co Sdn Bhd
PATENT Please note that the information contained in this booklet is presented in good faith for general information and does not constitute legal advice. Kindly contact us should you have any specific
More informationStanding Committee on Patents. Questionnaire on the Publication of Patent Applications India Section
Standing Committee on Patents Questionnaire on the Publication of Patent Applications India Section I. Analysis of current law and case law 1. Please provide a brief description of your law concerning
More informationROMANIA Patent Law NO.64/1991 OFFICIAL GAZETTE OF ROMANIA, PART I, NO.613/19 AUGUST 2014
ROMANIA Patent Law NO.64/1991 OFFICIAL GAZETTE OF ROMANIA, PART I, NO.613/19 AUGUST 2014 TABLE OF CONTENTS CHAPTER I - GENERAL PROVISIONS Art. 1 Art. 2 Art. 3 Art. 4 Art. 5 CHAPTER II - PATENTABLE INVENTIONS
More informationLATVIA Patent Law adopted on 15 February 2007, with the changes of December 15, 2011
LATVIA Patent Law adopted on 15 February 2007, with the changes of December 15, 2011 TABLE OF CONTENTS Chapter I General Provisions Section 1. Terms used in this Law Section 2. Purpose of this Law Section
More informationTable of Contents I INTERNATIONAL PHASE BEFORE THE RECEIVING OFFICE AND INTERNATIONAL BUREAU.. 14
Table of Contents I INTERNATIONAL PHASE BEFORE THE RECEIVING OFFICE AND INTERNATIONAL BUREAU.. 14 I.1. Who can file a PCT application?... 19 I.1.1. US law and the applicant (declaration of inventorship)...
More informationSCHEDULE OF CHARGES Fortified with transparency
SCHEDULE OF CHARGES 2017 Fortified with transparency Patents Filing and Prosecution page 3 Patents Validations and Miscellaneous page 6 Patents Renewals page 7 Patents Recordals page 9 Benelux Trademarks
More informationOFFICIAL GAZETTE OF ROMANIA, PART I, NO.613/19 AUGUST 2014 REPUBLICATION PATENT LAW NO.64/1991 1
OFFICIAL GAZETTE OF ROMANIA, PART I, NO.613/19 AUGUST 2014 REPUBLICATION PATENT LAW NO.64/1991 1 CHAPTER I - GENERAL PROVISIONS Art. 1 - (1) The rights in inventions shall be recognized and protected on
More informationAct No. 435/2001 Coll. on Patents, Supplementary Protection Certificates and on Amendment of Some Acts as Amended (The Patent Act)
Act No. 435/2001 Coll. on Patents, Supplementary Protection Certificates and on Amendment of Some Acts as Amended (The Patent Act) Amended by : Act No. 402/2002 Coll. Act No. 84/2007 Coll. Act No. 517/2007
More informationAUSTRALIA Patents Act 1990 Compilation date: 24 February 2017 Includes amendments up to: Act No. 61, 2016 Registered: 27 February 2017
AUSTRALIA Patents Act 1990 Compilation date: 24 February 2017 Includes amendments up to: Act No. 61, 2016 Registered: 27 February 2017 TABLE OF CONTENTS Chapter 1. Introductory 1 Short title 2 Commencement
More informationGENEVA STANDING COMMITTEE ON THE LAW OF PATENTS. Thirteenth Session Geneva, March 23 to 27, 2009
E WIPO SCP/13/3. ORIGINAL: English DATE: February 4, 2009 WORLD INTELLECTUAL PROPERT Y O RGANI ZATION GENEVA STANDING COMMITTEE ON THE LAW OF PATENTS Thirteenth Session Geneva, March 23 to 27, 2009 EXCLUSIONS
More informationSCHEDULE OF MINIMUM CHARGES
KOUWA PATENT OFFICE INTERNATIONAL PATENT & TRADE MARK ATTORNEYS & ENGINEERS EastHill 4th floor, 16-15, Higashiyama 1-Chome, Meguro-Ku, Tokyo, Japan TEL: 81-3-3760-5351 FAX: 81-3-3760-5354 E-mail: kouwapat@mxd.mesh.ne.jp
More informationEGYPTIAN PATENT OFFICE
PCT Applicant s Guide National Phase National Chapter EG Page 1 EGYPTIAN PATENT OFFICE AS DESIGNATED (OR ELECTED) OFFICE CONTENTS THE ENTRY INTO THE NATIONAL PHASE SUMMARY THE PROCEDURE IN THE NATIONAL
More informationFrom Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, Chapter Two:
Saudi Patent Office Contents Section 1: General... 1 Section 2: Private and/or non-commercial use... 2 Section 3: Experimental use and/or scientific research... 3 Section 4: Preparation of medicines...
More informationPATENT ACTIVITY AT THE IP5 OFFICES
Chapter 4 PATENT ACTIVITY AT THE IP5 OFFICES This chapter presents trends in patent application filings and grants at the IP5 Offices only. While in Chapter 3 the latest data were for 2012, most of the
More informationCandidate's Answer - DI
Candidate's Answer - DI Candidate's Answer - DI Question 1 Deadline for entering European Regional Phase = 31 m from filing date or priority date if priority is claimed (Art 39(1)(b) PCT, R107 EPC). No
More informationUnderstanding and Utilization of the ISR and WOISA. Shunsuke YAMAMOTO Examination Standards Office Japan Patent Office
Understanding and Utilization of the ISR and WOISA Shunsuke YAMAMOTO Examination Standards Office Japan Patent Office 2016.09 What are the ISR and the WOISA? ISR The result of the international search
More informationRaising the Bar and EPC changes as from 1 April 2010
Platform Formalities Officers 1 st Annual Formalities Officers Conference Rijswijk, 11 March 2010 Raising the Bar and EPC changes as from 1 April 2010 Luise Zimmermann European Patent Office Content Raising
More informationDECISION 486 Common Intellectual Property Regime (Non official translation)
DECISION 486 Common Intellectual Property Regime (Non official translation) THE COMMISSION OF THE ANDEAN COMMUNITY, HAVING SEEN: Article 27 of the Cartagena Agreement and Commission Decision 344; DECIDES:
More informationPATENT. Copyright Henry Goh & Co. Sdn. Bhd.
PATENT Please note that the information contained in this booklet is presented in good faith for general information and does not constitute legal advice. Kindly contact us should you have any specific
More informationCompilation date: 24 February Includes amendments up to: Act No. 61, Registered: 27 February 2017
Patents Act 1990 No. 83, 1990 Compilation No. 41 Compilation date: 24 February 2017 Includes amendments up to: Act No. 61, 2016 Registered: 27 February 2017 This compilation includes commenced amendments
More informationPATENT ACTIVITY AT THE IP5 OFFICES
Chapter 4 IP5 Statistics Report 2015 PATENT ACTIVITY AT THE IP5 OFFICES This chapter presents trends in patent application filings and grants at the IP5 Offices only. While in Chapter 3 the latest data
More information[English translation by WIPO] Questionnaire on Exceptions and Limitations to Patent Rights
[English translation by WIPO] Questionnaire on Exceptions and Limitations to Patent Rights The answers to this questionnaire have been provided on behalf of: Country: Office: Morocco... Moroccan Industrial
More informationNATIONAL INTELLECTUAL PROPERTY CENTER OF GEORGIA (SAKPATENTI)
PCT Applicant s Guide National Phase National Chapter Page 1 NATIONAL INTELLECTUAL PROPERTY CENTER OF ORGIA (SAKPATENTI) (SAKARTVELOS INTELEKTUALURI SAKUTREBIS EROVNULI TSENTRI) AS DESIGNATED (OR ELECTED)
More informationLAW ON THE PROTECTION OF INVENTIONS. No. 50-XVI of March 7, Monitorul Oficial nr /455 din * * * TABLE OF CONTENTS.
Translation from Romanian LAW ON THE PROTECTION OF INVENTIONS No. 50-XVI of March 7, 2008 Monitorul Oficial nr.117-119/455 din 04.07.2008 * * * TABLE OF CONTENTS Chapter I General Provisions Article 1.
More informationDRAFT PATENT LAW OF GEORGIA CHAPTER I. GENERAL PROVISIONS
DRAFT PATENT LAW OF GEORGIA CHAPTER I. GENERAL PROVISIONS ARTICLE 1 This Law regulates property and personal non-property relations formed in connection with the creation, legal protection and usage of
More informationDETAILED TABLE OF CONTENTS
DETAILED TABLE OF CONTENTS Preface... v v About the Authors... xiii vii Summary Table of Contents... xv ix Chapter 1. European Patent Law as International Law... 1 I. European Patent Law Arises From Multiple
More informationPATENT LAW OF GEORGIA CHAPTER I. GENERAL PROVISIONS
PATENT LAW OF GEORGIA CHAPTER I. GENERAL PROVISIONS ARTICLE 1 This Law regulates property and personal non-property relations formed in connection with the creation, legal protection and usage of the industrial
More informationPRE-GRANT OPPOSITION POST-GRANT OPPOSITION
OPPOSITION TYPES OF OPPOSITION PRE-GRANT OPPOSITION [SEC 25(1)] POST-GRANT OPPOSITION [SEC. 25 (2)] REVOCATION[SECs 64 TO 66] GROUNDS FOR OPPOSITION UNDER SECTIONS 25(1) & 25 (2) That the applicant for
More informationTHE PATENT LAW 1. GENERAL PROVISIONS. Article 1. This Law shall regulate the legal protection of inventions by means of patents.
THE PATENT LAW 1. GENERAL PROVISIONS Article 1 This Law shall regulate the legal protection of inventions by means of patents. Article 2 This Law shall also apply to the sea and submarine areas adjacent
More informationPRACTICE TIPS FOR PATENT PROSECUTION BEFORE THE USPTO
PRACTICE TIPS FOR PATENT PROSECUTION BEFORE THE USPTO HERSHKOVITZ IP GROUP INTA 2012 WASHINGTON, D.C. www.hershkovitzipgroup.com Try to obtain written instructions (Order Letter) from client (the following
More informationINTELLECTUAL PROPERTY OFFICE (SERBIA)
PCT Applicant s Guide National Phase National Chapter Page 1 INTELLECTUAL PROPERTY OFFICE (SERBIA) AS DESIGNATED (OR ELECTED) OFFICE CONTENTS THE ENTRY INTO THE NATIONAL PHASE SUMMARY THE PROCEDURE IN
More informationImplementing Regulations to the Convention on the Grant of European Patents
Implementing Regulations to the Convention on the Grant of European Patents of 5 October 1973 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006
More informationEffective Mechanisms for Challenging the Validity of Patents
Effective Mechanisms for Challenging the Validity of Patents Walter Holzer 1 S.G.D.G. Patents are granted with a presumption of validity. 2 A patent examiner simply cannot be aware of all facts and circumstances
More informationHow to obtain PATENT and TRADEMARKS in India. JIII and AIPC. Brinda Mohan, India
How to obtain PATENT and TRADEMARKS in India by JIII and AIPC Brinda Mohan, India Mohan Associates Advocates, Patents and Trademark Attorneys. D 4, III FLOOR CEEBROS BUILDING 11, CENETOPH ROAD TEYNAMPET
More informationPATENT. 1. Procedures for Granting a Patent
PATENT 1. Procedures for Granting a Patent (1) Overview After a patent application is filed with the KIPO, a patent right is granted through various steps. The Korean system is characterized by: ( ) First-to-File
More informationREPUBLIC OF VANUATU BILL FOR THE PATENTS ACT NO. OF 1999
REPUBLIC OF VANUATU BILL FOR THE PATENTS ACT NO. OF 1999 Arrangement of Sections PART 1 PRELIMINARY PROVISIONS 1. Interpretation PART 2 PATENTABILITY 2. Patentable invention 3. Inventions not patentable
More informationThe methods and procedures described must be directly applicable to production.
National Patent Administration Argentina Contents Section 1: General... 1 Section 2: Private and/or non-commercial use... 3 Section 3: Experimental use and/or scientific research... 3 Section 4: Preparation
More informationExaminers Report on Paper DII Examiners Report - Paper D Part II
Examiners Report on Paper DII Examiners Report - Paper D Part II In the first part of this paper, candidates had to deal with different inventions made by Electra Optic and its new subsidiary, Oedipus
More informationANNEX XVII REFERRED TO IN ARTICLE 5 PROTECTION OF INTELLECTUAL PROPERTY
ANNEX XVII REFERRED TO IN ARTICLE 5 PROTECTION OF INTELLECTUAL PROPERTY ANNEX XVII REFERRED TO IN ARTICLE 5 PROTECTION OF INTELLECTUAL PROPERTY SECTION I GENERAL PROVISIONS Article 1 Definition of Intellectual
More informationPatent Litigation in Taiwan: overview
Patent Litigation in Taiwan: overview Resource type: Country Q&A Status: Law stated as at 01-Jan-2016 Jurisdiction: Taiwan A Q&A guide to patent litigation in Taiwan. The Q&A gives a high level overview
More informationEXPLANATORY NOTES ON THE PATENT LAW TREATY AND REGULATIONS UNDER THE PATENT LAW TREATY * prepared by the International Bureau
EXPLANATORY NOTES ON THE PATENT LAW TREATY AND REGULATIONS UNDER THE PATENT LAW TREATY * prepared by the International Bureau * These Notes were prepared by the International Bureau of the World Intellectual
More informationCriteria for Patentability
2 Criteria for Patentability Patentability Criteria v Formality Examination Documents required Procedural requirements v Substantive Examination Unity of invention Patent eligibility Novelty Inventive
More informationLUXEMBOURG Patent Law as amended by the law of May 24, 1998 ENTRY INTO FORCE: June 21, 1998
LUXEMBOURG Patent Law as amended by the law of May 24, 1998 ENTRY INTO FORCE: June 21, 1998 TABLE OF CONTENTS TITLE I GENERAL Art. 1. Definitions Art. 2. International Conventions TITLE II PATENTS FOR
More informationTREATY SERIES 2008 Nº 4. Act revising the Convention on the Grant of European Patents
TREATY SERIES 2008 Nº 4 Act revising the Convention on the Grant of European Patents Done at Munich on 29 November 2000 Ireland s instrument of accession deposited with the Government of Germany on 16
More informationThe Consolidate Patents Act
The Consolidate Patents Act Publication of the Patents Act, cf. Consolidated Act No. 366 of 9 June 1998 as amended by Act No. 412 of 31 May 2000 TABLE OF CONTENTS Sections Part 1: General Provisions...
More information4. COMPARISON OF THE INDIAN PATENT LAW WITH THE PATENT LAWS IN U.S., EUROPE AND CHINA
4. COMPARISON OF THE INDIAN PATENT LAW WITH THE PATENT LAWS IN U.S., EUROPE AND CHINA Provisions of the Indian patent law were compared with the relevant provisions of the patent laws in U.S., Europe and
More informationCHANGES TO IMPLEMENT THE INVENTOR S OATH OR DECLARATION PROVISIONS OF
CHANGES TO IMPLEMENT THE INVENTOR S OATH OR DECLARATION PROVISIONS OF THE LEAHY-SMITH AMERICA INVENTS ACT (AIA); FREQUENTLY ASKED QUESTIONS 1 EFFECTIVE DATE Q.1.1: What is the effective date for the inventor
More informationGLOSSARY of patent related terms in the FOUR OFFICE STATISTICS REPORT 2010 EDITION
GLOSSARY of patent related terms in the FOUR OFFICE STATISTICS RRT 2010 EDITION Disclaimer: The explanations in this glossary are given in order to help readers of the Four Office Statistics Report in
More informationOFFICIAL S U P P L E M E N T. Monday, August 20, 2007 I Series Number 31 SUMMARY COUNCIL OF MINISTERS
Monday, August 20, 2007 I Series Number 31 OFFICIAL S U P P L E M E N T SUMMARY COUNCIL OF MINISTERS: Legislative Decree No. 4/2007: Approving the Industrial Property Code. COUNCIL OF MINISTERS I SERIES
More informationForeign Patent Law. Why file foreign? Why NOT file foreign? Richard J. Melker
Foreign Patent Law Richard J. Melker Why file foreign? Medical device companies seek worldwide protection (US ~50% of market) Patents are only enforceable in the issued country Must have patent protection
More informationSelection Inventions the Inventive Step Requirement, other Patentability Criteria and Scope of Protection
Question Q209 National Group: Title: Contributors: AIPPI Indonesia Selection Inventions the Inventive Step Requirement, other Patentability Criteria and Scope of Protection Arifia J. Fajra (discussed by
More information[English translation by WIPO] Questionnaire on Exceptions and Limitations to Patent Rights
[English translation by WIPO] Questionnaire on Exceptions and Limitations to Patent Rights The answers to this questionnaire have been provided on behalf of: Country: HONDURAS... Office: DIRECTORATE GENERAL
More informationPatentable Subject Matter and Medical Use Claims in the Pharmaceutical Sector
Patentable Subject Matter and Medical Use Claims in the Pharmaceutical Sector 2012 LIDC Congress, Prague, 12 October 2012 Dr. Simon Holzer, Attorney-at-Law, Partner 3 October 2012 2 Introduction! Conflicting
More informationPATENT ACTIVITY AT THE IP5 OFFICES
Chapter 4 PATENT ACTIVITY AT THE IP5 OFFICES This chapter presents trends in patent application filings and grants at the IP5 Offices only. While in Chapter 3 the latest data were for 2015, most of the
More informationFINLAND Utility Model Decree No of December 5, 1991 As amended by Decree No. 581 of July 18, Enter into force on September 1, 2013.
FINLAND Utility Model Decree No. 1419 of December 5, 1991 As amended by Decree No. 581 of July 18, 2013. Enter into force on September 1, 2013. TABLE OF CONTENTS Utility Model Applications and Record of
More informationThreats & Opportunities in Proceedings before the EPO with a brief update on the Unitary Patent
Threats & Opportunities in Proceedings before the EPO with a brief update on the Unitary Patent MassMEDIC Jens Viktor Nørgaard & Peter Borg Gaarde September 13, 2013 Agenda Meet the speakers Threats &
More informationQuestionnaire. On the patent system in Europe
EUROPEAN COMMISSION Internal Market and Services DG Knowledge-based Economy Industrial property Brussels, 09/01/06 Questionnaire On the patent system in Europe 1Errore. Nome della proprietà del documento
More informationCourtesy translation provided by WIPO, 2012
REPUBLIC OF DJIBOUTI UNITY EQUALITY PEACE ********* PRESIDENCY OF THE REPUBLIC LAW No. 50/AN/09/6 L On the Protection of Industrial Property Courtesy translation provided by WIPO, 2012 THE NATIONAL ASSEMBLY
More informationRUSSIA Patent Law #3517-I of September 23, 1992, as amended by the federal law 22-FZ of February 7, 2003 ENTRY INTO FORCE: March 11, 2003
RUSSIA Patent Law #3517-I of September 23, 1992, as amended by the federal law 22-FZ of February 7, 2003 ENTRY INTO FORCE: March 11, 2003 TABLE OF CONTENTS Section I General Provisions Article 1 Relations
More informationRegulations under the Patent Cooperation Treaty. (as in force from July 1, 2018)
Regulations under the Patent Cooperation Treaty (as in force from July 1, 2018) Editor s Note: For details concerning amendments to the Regulations under the Patent Cooperation Treaty, and for access to
More informationINTELLECTUAL PROPERTY OFFICE (PHILIPPINES)
PCT Applicant s Guide National Phase National Chapter Page 1 INTELLECTUAL PROPERTY OFFICE (ILIPPINES) AS DESIGNATED (OR ELECTED) OFFICE CONTENTS THE ENTRY INTO THE NATIONAL ASE SUMMARY THE PROCEDURE IN
More informationThird Party Observations, Oppositions & Invalidation Trials of Patents in Japan
Third Party Observations, Oppositions & Invalidation Trials of Patents in Japan Aki Ryuka Japanese Patent Attorney Attorney at Law, California, U.S.A. October 12, 2015 This information is provided for
More informationINDIAN PATENTS. Request for Examination. 48 months from priority*
INDIAN PATENTS INDIAN PATENT PROSECUTION ASA FACILITATION Direct filing (Priority application) 31 months from Priority (PCT Route) Filing 12 months from Basic Application (Convention Route) 18 months from
More informationPatent Fees and Pricing: Structures and Policies
Patent Fees and Pricing: Structures and Policies The Output of R&D activities: Harnessing the Power of Patent Data JRC-IPTS 4 th Workshop Nikolaus Thumm, EPO Chief Economist Sevilla 24 May, 2012 Background
More informationETHIOPIA A PROCLAMATION CONCERNING INVENTIONS, MINOR INVENTIONS AND INDUSTRIAL DESIGNS PROCLAMATION NO. 123/1995 ENTRY INTO FORCE: May 10, 1995
ETHIOPIA A PROCLAMATION CONCERNING INVENTIONS, MINOR INVENTIONS AND INDUSTRIAL DESIGNS PROCLAMATION NO. 123/1995 ENTRY INTO FORCE: May 10, 1995 TABLE OF CONTENTS CHAPTER ONE General Provisions 1. Short
More informationof Laws for Electronic Access SLOVAKIA Law on Inventions, Industrial Designs and Rationalization Proposals (No. 527 of November 27, 1990)*
Law on Inventions, Industrial Designs and Rationalization Proposals (No. 527 of November 27, 1990)* TABLE OF CONTENTS** Sections Purpose of the Law... 1 Part One: Inventions Chapter I: Patents... 2 Patentability
More informationGLOSSARY of patent related terms in the IP5 STATISTICS REPORT 2015 EDITION
GLOSSARY of patent related terms in the IP5 STATISTICS RRT 2015 EDITION Disclaimer: The explanations in this glossary are given in order to help readers of the IP5 Statistics Report understand the patent
More informationPATENTS TRADEMARKS COPYRIGHTS TRADE SECRETS ZIOLKOWSKI PATENT SOLUTIONS GROUP, SC INTELLECTUAL PROPERTY ATTORNEYS. Patent Process FAQs
PATENTS TRADEMARKS COPYRIGHTS TRADE SECRETS ZIOLKOWSKI PATENT SOLUTIONS GROUP, SC INTELLECTUAL PROPERTY ATTORNEYS Patent Process FAQs The Patent Process The patent process can be challenging for those
More informationDENMARK Patents Regulations Order No. 25 of 18 January, 2013 ENTRY INTO FORCE: 1 February, 2013
DENMARK Patents Regulations Order No. 25 of 18 January, 2013 ENTRY INTO FORCE: 1 February, 2013 TABLE OF CONTENTS Part I Patent applications Chapter 1 Scope 1. Chapter 2 The contents and filing of applications
More informationTable 1: General overview of the PCT procedure Legend:
Table 1: General overview of the PCT procedure EPC: European Patent Convention OJ: EPO Official Journal RO: Receiving Office IB: International Bureau Copy of priority document [ I.8.2] IPEA: International
More informationHUNGARY Utility Model Act Act XXXVIII OF 1991 on the protection of utility models as consolidated on April 1, 2013
HUNGARY Utility Model Act Act XXXVIII OF 1991 on the protection of utility models as consolidated on April 1, 2013 TABLE OF CONTENTS Chapter I SUBJECT MATTER OF AND RIGHTS CONFERRED BY UTILITY MODEL PROTECTION
More information1. Information to be inserted into EPO Forms 1001 and 1002: 6. Applicant s/representative s ref. Z9876EP
1. Information to be inserted into EPO Forms 1001 and 1002: 6. Applicant s/representative s ref. Z9876EP 7. Applicant PISCATORIA LIMITED 8. Address 10 Broad Street Windermere Cumbria LA23 2AB GB [United
More informationThe opposition procedure and limitation and revocation procedures
The opposition procedure and limitation and revocation procedures Closa Daniel Beaucé Gaëtan 26-30/11/2012 Contents Introduction Legal framework Procedure Intervention of the assumed infringer Observations
More information[English translation by WIPO] Questionnaire on Exceptions and Limitations to Patent Rights
Questionnaire on Exceptions and Limitations to Patent Rights The answers to this questionnaire have been provided on behalf of: Country: Chile... Office: National Institute of Industrial Property (INAPI)...
More informationIntellectual Property Department Hong Kong, China. Contents
Intellectual Property Department Hong Kong, China Contents Section 1: General... 1 Section 2: Private and/or non-commercial use... 3 Section 3: Experimental use and/or scientific research... 3 Section
More informationGlobal Access to Medicines Program Compiled by Stephanie Rosenberg. December 2, This chart compares provisions from the following texts:
Comparative chart of patent and data provisions in the TRIPS, Free Trade s between Trans-Pacific negotiating countries and the U.S., and the U.S. proposal to the Trans-Pacific This chart compares provisions
More informationFC3 (P5) International Patent Law 2 FINAL Mark Scheme 2017
Question 1 Part A Your UK-based client, NC Ltd, employs 50 people and is about to file a new US patent application, US1, claiming priority from a GB patent application, GB0. US1 is not subject to any licensing.
More informationPATENT PROSECUTION STRATEGIES IN AN AIA WORLD: SUCCEEDING WITH THE CHANGES
PATENT PROSECUTION STRATEGIES IN AN AIA WORLD: SUCCEEDING WITH THE CHANGES BY: Juan Carlos A. Marquez Stites & Harbison PLLC 1 OVERVIEW I. Summary Overview of AIA Provisions II. Portfolio Building Side
More informationREGULATION ON PROVIDING THE APPLICATION OF INTELLECTUAL PROPERTY RIGHTS. Article 1. Article 2
Based on items 2, 3, 4 and 5 of the Decision on Declaration of the Independence of the Republic of Montenegro (RM Official Gazette No. 36/06), the Government of the Republic of Montenegro, at the session
More information