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Patent Office gets ready for on-line applications

OUT-LAW News, 07/01/2004

The UK Patent Office recently issued directions on how to make patent applications on-line or by CD-ROM, part of the effort to meet the Government's target for the electronic delivery of major services by 2005.

Here is a summary of the new directions:

They apply to UK national patent applications and international patent applications that have entered into the national phase.

On-line applications may only be made using the secure electronic filing system provided by the Office. This requires a smart card, and a smart card reader.

Applicants must register with the Office prior to making an application.

If an application does not comply with the method or form set out in the directions it may be regarded as undelivered. This includes applications that have been corrupted in transfer, or that are discovered to contain a virus.

Applications may be made on-line or using an "electronic data carrier" – specifically a CD-ROM that conforms to ISO 9660.

Electronic signatures to electronic documents may be made as a "facsimile signature, a text string signature or an enhanced electronic signature".

On-line applicants must hold an account with the Office and have carried out a trial application.

Applications made by CD-ROM must include, on paper, details of the name and address of the applicant, an indication that the CD-ROM includes a patent application and a list of the forms and documents making up that application.

On-line applications will result in an electronic receipt as part of the application process. Electronic data carrier applicants will receive a receipt by post.

The Directions do not cover international patent applications made under the Patent Co-operation Treaty or European patent applications, but it is intended that the system will process these when it comes into operation. The forms and methods governing these particular applications are governed by the World Intellectual Property Organisation and the European Patent Office respectively.

 

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