It is therefore in the interest of the applicant to ensure that, at the time of filing, the description is not flawed in such a way that rectification would not be possible.For example, no amendment is allowed which would result in the description disclosing matter not either present at or referred to on the filing date.
A description must be filed in addition to the certified copy of the earlier application, and must be filed even where the earlier application is available to the comptroller.Where the description required by s.15(10)(b)(i) contains matter additional to that contained in the earlier application to which reference was made, s.76(1A) will not allow the application to proceed unless or until that matter has been removed from the description.If the application is made in the name of a firm or other organisation which is not a corporate body this will not prevent it being accorded a filing date, provided the organisation is adequately identified.The formalities examiner should however require that one or more persons (that is, individuals or corporate bodies) be named at part 2 of Form 1.[ In the rare event that although a filing date has been accorded, it transpires that what has been filed cannot conceivably be called a description, the filing date should be cancelled.
] There is no requirement to pay a filing fee as a prerequisite to an application being accorded a date of filing.
For details of payment of the application fee required for preliminary examination, see 14.02 and .
In order to qualify for a date of filing something that is or appears to be a description will normally be required.
Section 15 was amended by the Regulatory Reform (Patents) Order 2004 (S. The amended section applies to applications initiated on or after 1 January 2005 by the filing of documents which comply with the requirements of s.15(1). Subject to the following provisions of this Act, the date of filing an application for a patent shall be taken to be the earliest date on which documents filed at the Patent Office to initiate the application satisfy the following conditions- (a) the documents indicate that a patent is sought;(b) the documents identify the person applying for a patent or contain information sufficient to enable that person to be contacted by the Patent Office; and(c) the documents contain either (i) something which is or appears to be a description of the invention for which a patent is sought; or (ii) a reference, complying with the relevant requirements of rules, to an earlier relevant application made by the applicant or a predecessor in title of his.
The relevant rules were amended with effect from this date by the Patents (Amendment) Rules 2004 (S. It is immaterial for the purposes of subsection (1)(c)(i) above-(a) whether the thing is in, or is accompanied by a translation into, a language accepted by the Patent Office in accordance with rules;(b) whether the thing otherwise complies with the other provisions of this Act and with any relevant rules. Normally the indication that a patent is sought will be given by the completion of Patents Form 1.
Where applications (including divisional applications) are initiated by documents complying with section 15(1), these notifications will be embodied in the document receipts issued by Document Reception. For international applications, the application fee is set at nil, but there is instead a national phase entry fee.