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This area relates to the abolishment of patents on the Comptroller’s activity beneath Area 73(2).

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Action by A3

All S73(2) abolishment accomplishments are candy electronically on PDAX. A apparent examiner will either accelerate the apparent book to Tribunal Area allurement for abolishment activity to arise in account of the apparent or if the case is already on PDAX, he will accelerate a bulletin to the Aggregation mailbox. The examiner will specify the European apparent to be cited.

For cases not yet on PDAX, the A3 will:

The new case will be placed by Index and Scanning in the Aggregation mailbox to be actioned by a affiliate of the ex parte team.

The A3 will additionally charge to:

A book apropos to the European apparent (UK) should be acquired from the Online EPO Annals You should analysis that:

a) the activity aeon of 9 months has delayed back the admission of the patent.b) there is no activity to the admission of the European apparent (UK).c) the European apparent (UK) has appointed GB status.d) there are no requests fabricated for axial abolishment of the European apparent afore the European Apparent Appointment beneath EPC Article 105a. This allows the freeholder to address that their apparent is revoked in all appliance States in which the apparent is in force (MoPP 73.10)e) the blueprint on PDAX is the latest adaptation appliance Annals Plus and there are no axial limitation affairs ongoing. If affairs are ongoing, advance as follows:-

EPC 2000 – Axial Alteration Process

Following the addition of the axial limitation process, an EP (UK) apparent may now be adapted centrally at the EPO as able-bodied as in anniversary alone appliance state. On cancellation of a new S73(2), the Annals Plus website should be arrested to actuate whether there is a address to centrally alter an EP (UK) patent. If so, you charge to access a archetype of the amendments filed at the EPO and advanced these to the examiner. The examiner will accede whether the amendments, if accustomed by the European Apparent Office, abolish the S73(2) conflict. If so, the examiner may break the S73(2) activity awaiting the aftereffect of the axial amendment. If the alteration is not accustomed or it does not abolish the conflict, the S73(2) activity may proceed.

A minute should be able and referred to the examiner as follows:

On blockage the EPO register, it appears that an appliance has been filed to alter the apparent centrally at the EPO. The amendments are accessible to appearance in the dossier. Amuse accede if allowed, whether these amendments abolish the conflict. If so, amuse affirm that you ambition to break the S73(2) activity awaiting the aftereffect of the centrally filed amendment. The annals will be arrested consistently to adviser the advance of the amendment. If the alteration does not abolish the conflict, amuse affirm that you ambition to advance with the S73(2) action. The A3 will actualize a minute on PDAX, again accelerate a “PSM – S73(2) Axial alteration filed” bulletin to the examiner.

If the European apparent (UK) has accomplished back grant, abolishment activity should abide (see MOPP Area 73). If an activity to the admission of the European apparent (UK) has been filed at the European Apparent Appointment (check via EPO Online), the case should be referred to the basic examiner with a minute.

The A3 will actualize a minute on PDAX, again accelerate a “PSM – S73(2) EP in Opposition” bulletin to the examiner. In best cases, a appearance will be taken on whether to break the Area 73(2) activity awaiting the aftereffect of the EPO activity proceedings.

You should analysis that the GB apparent is in force by appliance the COPS activity DIS FUL. If the apparent is not in force, accredit the case to the basic examiner as there was a aeon of bifold patenting in place.

The A3 will actualize a minute on PDAX, again actualize and accelerate a “PSM – Apparent not in Force” bulletin to the examiner.

If all formalities accept been complied with, an Official Letter PL3 Annex 1 – Official Letter PL3 should be issued to the patentee acceptance two months for a response. A book agenda should be able on PDAX as follows:

PL3 issued on (insert date of PL3). B/F to………………

The case should be diaried accordingly.

Update Account EX2 aural Outlook.

Letter created, bound and alien from PROSE.

An COPS chargeless argument access should be fabricated appliance the activity REG ENT. The access should read:

“Section 73(2) activity accomplished on (date of PL3), in appearance of EP(UK)……..”.

If a acknowledgment is accustomed to the PL3 that states that the patentee has no argument to the abolishment of the patent, the letter should be scanned assimilate PDAX by Index and Scanning. A accommodation 3 Annex 5 – Accommodation 3 (Agree to revocation)) should again be able for the adapted Head of Assay Group. The bearding accommodation should be manually alien assimilate PDAX and annotated appropriately as ‘Draft Decision’.

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The A3 will actualize a minute on PDAX, again accelerate a “PSM – Dec 3 to authorise” message.

Once authorisation is accustomed from the Head of Assay Group, an cyberbanking signature can be activated to the decision. The accommodation should be anachronous and issued to the patentee with (See Annex 3 – Official Letter DNL1).

Letter created, bound and alien from PROSE. A book agenda is created on PDAX. Decisions are created appliance Word templates and applying the adapted cyberbanking signature. Cyberbanking signatures can be amid on SharePoint. For allowance annal see 20.25 – 20.28

If a acknowledgment is accustomed to the PL3 that states that the patentee has activated to centrally abjure at the European Apparent Office, no activity beneath Area 73(2) is necessary. Already we accept accustomed acceptance that the EP apparent has been centrally revoked, acquaint the basic examiner.

Once the examiner has agreed that there is no battle beneath Area 73(2), affair letter Annex 15 – SE73 EPOREV Centrally revoked at EPO.

For allowance annal see 20.25 – 20.28.

The patentee may acknowledgment that he disagrees with the examiner’s appearance that the GB apparent and the European apparent (UK) are in conflict. In such circumstances, this accord is advised as ‘Observations filed’ and the freeholder will usually accommodate affirmation to abutment this view. The letter and affirmation should be scanned assimilate PDAX by Index and Scanning section. This is again referred to the basic examiner with a adequate minute. If the examiner allows the patentee’s submissions, accommodation 2 (see Annex 6 – Accommodation 2 (Observations allowed)) should be able for the Head of Assay Group. The bearding accommodation should be manually alien assimilate PDAX and annotated accordingly.

The A3 will actualize a minute on PDAX, again accelerate a “PSM – Dec 2 to authorise” message. Already authorisation is accustomed from the Head of Assay Group, an cyberbanking signature can be activated to the decision. The accommodation should be anachronous and issued to the patentee with official letter DNL2 (see Annex 4 – Official Letter DNL2). A book agenda should be able on PDAX as follows:

Revocation activity beneath S73(2) not proceeded with on (date of bright records).

Letter created, bound and alien from PROSE.

Decisions are created appliance Word templates and applying the adapted cyberbanking signature. Cyberbanking signatures can be amid on SharePoint.

An COPS access should be fabricated to appearance that abolishment has not taken place. Appliance REG ENT on COPS, a chargeless argument access should be fabricated as follows:

Section 73(2) activity accomplished on (date of PL3) in appearance of EP (UK) ………..not proceeded with on (date of decision)” The Exparte Post Admission SharePoint List should be adapted by entering adjoin the book advertence number, not proceeded with on (date of decision) and the date of bright records.

A Journal access should be able as follows:

Section 73(2) activity accomplished on (date of PL3), in appearance of EP(UK)…….., not proceeded with on (date of bright records)

Advert is created in Word and again alien on PDAX appliance chiral acceptation (doc cipher is ADVERT). This is again uploaded to the account PDJ Live on SharePoint.

If the observations are not allowed, the examiner will accommodate instructions as to how you should advance in an assay report. This address is again included in an assay letter. The freeholder should additionally be provided with the befalling to book amendments to affected S73(2) conflict. (see Annex 13 – S73EX Assay letter).

Where an acceding cannot be accomplished amid the Comptroller and proprietor, the Deputy Director may adjudge to affair a absolutely articular Decision. In this instance, the Accommodation and Abstract will be forwarded to the Hearings Court.

For antecedent cases, amuse see BL 01/109/15 and BL 0/91/93 (Annex 16 – Antecedent S73(2) Cases).

The patentee may accompaniment that he is either:

It would arise that neither of these options is prima facie adequate because both patents would accept been accepted for a aeon of time. The MOPP Area 73.09 indicates that already abolishment activity has started, it should commonly abide alike admitting the apparent may accept accomplished or an activity to abandonment has been made. The case should be referred to the basic examiner with a adequate minute. The examiner will usually ask for a letter to be issued to the patentee pointing out these facts and alms a hearing.

The A3 will actualize a minute on PDAX again accelerate a “PSM – S73(2) address to lapse/surrender” bulletin to the examiner.

The patentee may abide proposals to alter the apparent in adjustment to abolish any conflict

When proposals for alteration of a GB apparent are accustomed in acknowledgment to abolishment activity beneath Area 73(2), the amendments (doc cipher AMENLIT) should be referred to the basic examiner. The examiner will acknowledgment afterwards he has advised whether the proposed amendments are adequate or not. If they are not acceptable, the examiner will affair added instructions as to what activity should be taken in an assay report. This address is again included in an assay letter. The freeholder should be provided with a added befalling to book amendments to affected S73(2) conflict. (see Annex 13 – S73EX Assay letter).

The A3 will actualize a minute on PDAX, again accelerate a “PSM – S73(2) Amendments filed” bulletin to the examiner.

If the proposals for alteration are prima facie adequate but are extensive, the examiner may address that amendments are fabricated throughout the accomplished blueprint in adjustment to accomplish bendability aural the blueprint in adjustment to conform.

The A3 is again instructed by the examiner to affair letter to freeholder for added amendments. (see Annex 11 – S73FS2 Beginning blueprint conformity).

If the proposals for alteration are adequate by the Examiner, but crave a afresh typed blueprint in adjustment for publishing to aftermath a C spec, letter S73FS1 is issued requesting a acknowledgment aural 2 months (see Annex 12 – S73FS1 Address for beginning specification).

If the proposals for alteration are adequate by the Examiner, accredit case to the adapted Head of Assay Group to affirm that the amendments are allowable. Already acceptance is accustomed from the Head of Assay Group that the proposed amendments are allowable, use the accumulate and enhance activity to administer the amendments to the B specification. The description, claims and assets annotated “P” and “working copy” are affected from PREGRANT into the LITIGATION area of the dossier. The amendments are again activated appliance the enhance and accumulate functions. In adjustment to analyze the adapted sections of the specification, they are annotated “C” and “For publishing purposes” forth with the sections not amended.

The references to “P” and “working copy” of the affected abstracts are deleted. This enables publishing area to abstract all the abstracts adapted to aftermath a “C” spec.

Where the GB apparent is adapted Accommodation 1B (Annex 7 – Accommodation 1B (Amendments allowed)) should be able for the adapted Head of Assay Group. The bearding accommodation should be manually alien assimilate PDAX and annotated accordingly.

If both the GB and the EP patents crave alteration in adjustment to abolish any conflict, the GB apparent is adapted beneath S73(2) and the European apparent is adapted beneath S27. The alteration beneath S73(2) is backward awaiting the accomplishment of the S27 activity period. The adapted GB and EP blueprint should be appear simultaneously. [RAPS Aggregation will undertake procedures for an alteration to the EP (UK) beneath S27 and liaise with Tribunal area – see RAPS Chiral for 27 procedures.] Tribunal area agents will additionally account the accomplishment of the activity aeon as the continuance of the break and liaise with RAPS aggregation accordingly.

On accomplishment of the activity period, Accommodation 1C (Annex 8 – Accommodation 1C (Amendment to GB & EP)) should be able for the adapted Head of Assay Group. The bearding accommodation should be manually alien assimilate PDAX and annotated accordingly.

Certificates and decisions are created appliance Word templates via Prose and again applying the adapted cyberbanking signature. Certificates and cyberbanking signatures can be amid on SharePoint.

Create a minute on PDAX, again accelerate a “PSM – S73(2) Accommodation 1B or 1C and CERT to authorise” message.

Once authorisation is accustomed from the Head of Assay Group, an cyberbanking signature can be activated to the accommodation and certificate. The affidavit is alien appliance chiral acceptation (doc cipher is CERTIFICATE).

The accommodation and affidavit should be anachronous and the accommodation issued to the patentee with Official Letter DNL2 (Annex 4 – Official Letter DNL2). A book agenda should be able on PDAX as follows:

Decision issued on (date of decision). Apparent amended. Bright records

Letter created, bound and alien from PROSE.

Clear records

The Exparte Post Admission SharePoint List should be adapted by entering adjoin the book advertence cardinal Apparent adapted on (date of the decision) and the date of bright records.

An COPS access should again be made. From the revocations card baddest account 7 – amendments accustomed – blazon in the book cardinal and again baddest account 4 – beneath Area 73 – this will alert you to admit the date of the decision. Back prompted use A3 (upper case letters) as ascendancy for the entry.

A Journal access should be able as follows:

Specification adapted beneath Area 73(2), on (date of decision)

Advert is created in Word and alien appliance chiral acceptation on PDAX (doc cipher is ADVERT) and is uploaded to the account PDJ Live on SharePoint.

Following this, the case can be referred to Publishing Area for the adapted blueprint to be published.

The A3 will actualize a minute on PDAX and again accelerate a “PSM – S73(2) Aftermath C Blueprint and see CERT” bulletin to the Publishing Aggregation mailbox.(see Annex 10 – Publishing barometer template)

If, afterwards the four ages aeon accustomed for acknowledgment to Official Letter PL3 (including attendant two months), no acknowledgment has been received, Official Letter PL5 (see Annex 2 – Official Letter PL5) alms a audition should be issued, allegorical a 21 day aeon for reply. A archetype of Official letter PL3 should be amid with the PL5.

Letter created, bound and alien from PROSE.

A book agenda is created on PDAX, this should read:

No acknowledgment accustomed to PL3 issued on (date of PL3),…PL5 issued on (date of PL5) B/F to ………….(Always to a Wednesday). Amend Account EX2 aural Outlook.

If in acknowledgment to the PL5 letter a audition is requested, this will charge to be abiding by the Hearings Team. Afterward the hearing, a academic appointment accommodation will be issued by the audition administrator and beatific to the freeholder by the Hearings Team.

If the apparent is revoked see 20.23 – 20.27.

To accredit to the audition team, actualize a minute on PDAX again accelerate a “PSM – set up hearing” bulletin to the hearings mailbox.

The Hearings Clerk will account the accomplishment of the address aeon and will acquaint the A3 case artisan accordingly.

The A3 will again bright annal afterward the accomplishment of the address period.

If no acknowledgment has been accustomed to the PL5 letter afterwards the 21 day aeon has lapsed, Accommodation 6 (see Annex 9 – Accommodation 6 (No acknowledgment to PL3 or PL5)) should be able for the adapted Head of Assay Group with the afterward minute:

No acknowledgment has been accustomed to either PL3 or PL5. Accommodation 6 has been prepared. Amuse can you authorise the appliance of your cyberbanking signature.

The bearding accommodation is alien assimilate PDAX and annotated appropriately as ‘Draft Decision’. Decisions are created via Prose, appliance Word templates and applying the adapted cyberbanking signature. Actualize a minute on PDAX, again accelerate a “PSM – S73(2) Dec 6 to authorise” message. Already authorisation is accustomed from the Head of Assay Group, an cyberbanking signature can be activated to the decision.

Decision 6 (Annex 9 – Accommodation 6 (No acknowledgment to PL3 or PL5)) should be dated, and issued to the patentee with Official letter DNL1 (see Annex 3 – Official Letter DNL1).

Letter created, bound and alien from PROSE.

A book agenda should be able on PDAX as follows:

Decision issued on ………………( date of decision). Apparent revoked. Bright records.

To amend COPS baddest account 16 from the revocations card -Register Revocation. If, back registering the abolishment of the patent, it is begin that the apparent has lapsed, it should be referred to the B3 who will change the cachet of the apparent so that it can be revoked.

The A3 will actualize a minute on PDAX, again accelerate a “PSM – Apparent ceased” bulletin to B3.

A Journal access should be able beneath the afterward heading: SECTION 73 Abolishment on the Comptroller’s Activity Apparent revoked beneath Area 73(2) Apparent Cardinal PROPRIETOR’S NAME Title Apparent Revoked on (date of decision)

Advert is created in Word and alien to the abstracts appliance chiral acceptation (doc cipher – ADVERT). The advert should additionally be uploaded to the account PDJ Live on SharePoint.

The Exparte Post Admission SharePoint List should be adapted appliance the book advertence number. A book agenda is again created on PDAX with the aftereffect of the S73(2) proceedings, the date of accommodation and the date of bright records.

S117(B) of the Patents Act 1977 provides for an added automated addendum of two months for periods defined by the Office. This may be activated retrospectively. Best of the requests for extensions of time chronicle to proposed amendments. These extensions of time may be accustomed with the examiners discretion.

Where an automated addendum of time has been activated and again a added addendum of time is accustomed the address is referred to the basic examiner, who will accede it on its corresponding merits. It should be remembered that Area 73 cases are ex parte. Therefore no added parties are complex or charge to be consulted. The A3 will actualize a minute on PDAX and accelerate a “PSM – S73(2) Added addendum of time request” bulletin to the examiner.

Once an addendum of time has been granted, this should be accepted in autograph appliance letter S73 EOT via Prose, alms the freeholder a new borderline for a response. (see Annex 14 – S73EOT Addendum of time) Letter created, bound and alien from PROSE. A book agenda is created on PDAX.

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