Section 15

Question 1

What are the requirements for obtaining a filing date?

Answer 1

• indication that a patent is sought
• applicant name or contact details
• either:
  
  • something that appears to be a description
  • a reference to an earlier application by applicant (or PIT); inc. date of filing, country of filing, app. no.

Question 2

What will lead to a newly filed application becoming withdrawn?

Answer 2

• no claims or abstract (12m or 2m)
• if referenced description:
  
  • no description filed (12m or 2m)
  • no certified copy (4m after f.d.)
• no application fee (12m or 2m)
• no search request (12m or 2m)

[section 15(10)]

Question 3

When must a divisional be filed in the UK?

Answer 3

By the earliest of:

• 3m before end of compliance period
• before S18(4) notification of grant, withdrawal or refusal
  
  • unless the first OA is an 18(4) then within 2m

(NB: EP is more generous, can file until publication of grant in OJ)

Question 4

What are divisional filing requirements?

Answer 4

• Must satisfy S15(1) i.e. filing date requirements
• Must include a request to inherit the same filing date as the parent
• Must state that it is filed in accordance with S15(9)
• Must file a PF7