Rectification is the legal procedure to correct (rectify) an error or an omission that has been made in the details of a trade mark as recorded in the Trade Marks Register.
If after substantive examination, a patent application is considered by the Examiner as not describing a patentable invention, then the patent application will be refused.
This occurs at the end of the international phase of a PCT international application. The applicant has the option of progressing the application in individual countries and/or a number of specially defined regions. These regions are: Europe (38 Member States), Eurasia (10 Member States, with the official language being Russian), OAPI (17 primarily French speaking countries in Africa) and ARIPO (19 other Member States across Africa) (correct as of 9th October 2017).
Register of Patents
The Register of Patents is maintained by the IPO, and contains details on published patent applications, granted patents, and any related errata.
This applies when a patent application has been refused or treated as withdrawn due to a missed deadline. There is a deadline associated with applying for reinstatement and certain conditions that have to be met.
A renewal fee (also known as an Annuity, Annuity Fee or Maintenance Fee) is an official Government fee payable to the relevant Patent Office to keep a Patent, Registered Design and Trademark in force. A renewal fee is usually payable annually. Albright IP provides a very cost-effective renewal fee service for all countries globally, and which includes sending of reminders when the renewal becomes due and payment of the renewal on your behalf.
If you live outside Europe, then when you file a European Patent Application, you will need someone to act on you behalf, e.g. a European Patent Attorney at Albright IP.
If a patent has lapsed due to non-payment of renewal fees, then it may be possible under certain conditions to restore the patent and bring it back into force. These conditions include payment of the outstanding renewal fees and making a request for restoration to the patent office with reasons explaining the non-payment of renewal fees.
In the case where a patent application discloses more than one invention or inventive concept, an Examiner will restrict their search to the first invention or inventive concept. The EPO will also restrict the search to the first 15 claims of an application, should the additional search fee not be paid.
This is when a patent, registered design or trademark is challenged during legal proceedings and officially cancelled or nullified as if it had never had effect.
Right to Apply / Obtain
Any person or persons has/have the right to apply for a patent.