Withdrawing Patent Applications

This notice seeks to inform applicants and practitioners of the method the Intellectual Property Office recommends for withdrawing patent applications.

Background
Any request to withdraw an application is always an important action and is dealt with as quickly as possible in the Office. However, quick action in the Office becomes crucial when a withdrawal request is received for an application which is soon to be published. We of course wish to avoid erroneous publication.

Ways of withdrawing applications
Withdrawal of a patent application can be made by:

•	emailing  withdraw@ipo.gov.uk 
•	faxing the Office on 01633 817777
•	writing to the Office

We highly recommend that the email option be used, as this will ensure that the request is dealt with quickly by a dedicated team of staff. Full details of this service can be found at Withdrawal of patent applications by e-mail.

Notifying the Office of withdrawal in time to prevent publication
An application for withdrawal in time to prevent publication must be received in this Office by 23:59 on the day before preparations for publication are complete (the PPC date). The official letter notifying applicants of the PPC date for their application will only be received 2 or 3 days prior to the PPC date. That leaves a very short time in which to notify the Office of withdrawal.  If the email message or written notification is not received by 23:59 on the day before the PPC date, it will be too late to prevent publication.

Therefore the earlier applicants and practitioners can make decisions about withdrawal and notify the Office, the better. 

Further guidance on withdrawal of patent applications is available.

If you have any queries about this notice, please contact:

Steve Bender  or  Christine Farrington
Room 2R33
Concept House
Cardiff Road
Newport
NP10 8QQ
+44 (0)1633 814422  or  +44 (0)1633 814701

Provision of Information from the Intellectual Property Office

On-Line Web Services

A number of free services are available via our web site.
 
esp@cenet
This service provides an interface to the published patent application databases of the  Intellectual Property Office, the European Patent Office and other European national patent offices, as well as access to the PCT database of published patent applications.  A full copy of the specification, claims and drawings may be viewed if available.

Designs Image Search
This service provides access to images of UK registered designs along with bibliographic information.

Trade Mark Text
This service provides searches for trade marks matching/starting with specified text.

Trade Mark Proprietor
This service provides searches for trade mark proprietors.

Trade Mark Classification Index
The index serves as a guide to the classes of goods and services to specify when applying for Trade Mark registration.  With over 70,000 terms, the index shows which class to put each term in.

Legal Decisions
This service provides the text of reasoned decisions issued by the office since the beginning of 1998.

Status Information
These services provide the status information for Patents, Supplementary Protection Certificates, Trade Marks and Designs.

Other Services

The Status Information and further information can also be obtained on paper from the office.  Some of the information available is shown below, along with the relevant prices.

Patents: Request for uncertified copy from file or register £5

Designs: Request for uncertified copy of extract £5

Trade Marks: Request for uncertified copy from file or register £5

Note  Trade Marks & Designs: The cost is £5 per file copied, though we reserve the right to quote for our actual costs where particularly large files are involved.

General: Cost, per page, of faxing information   £1  (plus VAT)

Payment
Deposit accounts: Customers may charge orders against their account with the Office.  In such cases the deposit account number should be quoted on the order.

Credit and debit cards: Full details on how to pay via Credit or Debit can be found on our website.

Cheque: These should accompany any order, be crossed "Account Payee Only" and made payable to "The Intellectual Property Office".  Payments from overseas must be in sterling drawn on a UK clearing bank.

Orders
Post: Sales, Concept House, Cardiff Road, Newport, South Wales NP10 8QQ

e-mail (Deposit Account Holders only): sales@ipo.gov.uk

Telephone (Deposit Account Holders and payments by credit and debit card only): +44(0)1633 813651

Fax (Deposit Account Holders and payments by credit and debit card only): 
+44(0)1633 817777.

Patent Publication Enquiry Service

The Patents Publication Enquiry Service www.ipo.gov.uk/patent/p-find/p-find-publication.htm enables you to search for, view and download newly published, granted and corrected GB patents. Patents are added on a weekly basis on the day of publication (usually every Wednesday). 

The following types of GB published documents are available:
 
Document code A – for the published "A" application. 

Document code A8 – for the corrected front page of a published "A" application (changes to bibliographical data only). 

Document code A9 – for the complete re-issue of a published "A" application (as a result of a correction). 

Document code B – for the granted ‘B’ specification. 

Document code B8 – for the corrected front page of a granted "B" specification (changes to bibliographical data only). 

Document code C - for complete re-issue of a granted "B" specification (as a result of a correction or amendment). 

If you have any queries regarding this notice please contact Chris Evans - Tel: 01633 814641, or via e-mail: chris.evans@ipo.gov.uk

Directions under section 31A of the Registered Designs Act 1949, section 123(2A) of the Patents Act 1977 and section 66 of the Trade Marks Act 1994

Changes to Designs, Patents and Trade Marks Forms by addition of a payment Sheet to fee bearing forms

1.	The comptroller has made these Directions under section 31A of the Registered Designs Act 1949, section 123(2A) of the Patents Act 1977 and section 66 of the Trade Marks Act 1994.

2.	These Directions set out changes to the below Designs Forms, Patents Forms and Trade Marks Forms whose use is required by rules.

3.	These Directions come into force 1 October 2020.

4.	The following forms are set out in the Schedule to these Directions and are the forms which are required by the Registered Designs Rules 2006 (SI 2006/1975) as amended, the Patents Rules 2007(SI 2007/3291), as amended and the Trade Marks Rules 2008 (SI 2008/1797) as amended:

Trade Marks Form 3 (Application to register a trade mark)
Trade Marks Form 3A (Application to add extra classes)
Trade Marks Form 5 (Request for a statement of reasons for registrar’s decision)
Trade Marks Form 7 (Notice of opposition and statement of grounds)
Trade Marks Form 7F (Notice of FAST TRACK opposition and statement of grounds)
Trade Marks Form 7G (Request to add grounds to a notice of opposition)
Trade Marks Form 11 (Renewal of trade mark registration)
Trade Marks Form 12 (Request to divide an application)
Trade Marks Form 13 (Request to restore and renew a registration)
Trade Marks Form 16 (Application to record a change of ownership)
Trade Marks Form 16P (Application to record a partial assignment of goods and/or services)
Trade Marks Form 24 (Application to record or amend a security interest
Trade Marks Form 24C (Application to cancel a security interest)
Trade Marks Form 26(I) (Application to declare invalid a registration or a protected international trade mark (UK))
Trade Marks Form 26(N) (Application to revoke a registration or a protected international trade mark (UK) for reasons of non-use)
Trade Marks Form 26(O) (Application to revoke a registration or a protected international trade mark (UK) for reasons other than non-use)
Trade Marks Form 31C (Request for information about events relating to a UK trade mark)
Trade Marks Form 31M (Request for information about events relating to an International Registration covering the UK)
Trade Marks Form 31R (Request for a Certified Copy)
Trade Marks Form 35 (Regulations governing the use of certification or collective marks)
Trade Marks Form 36 (Application to amend the regulations governing the use of certification or collective marks)
Trade Marks Form 50 (Application to record a licensee)
Trade Marks Form 51 (Application to remove or amend the recordal of a licence)
Trade Marks Form 55P (Notice of appeal to the Appointed Person)

Patents Form AF1 (Application Fee for patent application) 
Patents Form 1 (Request for grant of a patent)
Patents Form 2 (Initiation of proceedings before the Comptroller)
Patents Form 3 (Late Additions and Declarations of Priority)
Patents Form 4 (Continuation of proceedings before the Comptroller)
Patents Form 9A (Request for search)
Patents Form 10 (Request for a substantive exam)
Patents Form 12 (Payment of renewal fee (and additional fee for late payment))
Patents Form 15 (Notice of opposition)
Patents Form 17 (Request for opinion as to validity or infringement)
Patents Form 21 (Application to record a change of ownership or give notice of rights acquired in a patent or patent application)
Patents Form 23 (Request for a certificate of the Comptroller or a certified or uncertified copy from a file or the register)
Patents Form 34 (Grant fee for patent application) 
Patents Form 49 (Request to be informed of future events relating to a Patent application or patent (caveat))
Patents Form NP1 (National processing of an international application for a patent (UK))
Patents Form SP1 (Application for grant of a Supplementary Protection Certificate)
Patents Form SP2 (Payment of annual fees (and additional fee for late payment))
Patents Form SP3 (Application for declaration of lapse or invalidity, or to revoke an extension of the duration of a supplementary protection certificate)
Patents Form SP4 (Application for grant of an extension to a Supplementary Protection Certificate)

Designs Form 2A (Application to register one or more designs)
Designs Form 2B (Application to register one or more designs divided from an earlier application)
Designs Form 2C (Application to register one or more deferred designs)
Designs Form 9A (Renewal of design registration)
Designs Form 19A (Request to invalidate a design registration)
Designs Form 21 (Request for a search of the UK designs register)
Designs Form 23 (Request for a Certified Copy)
Designs Right Form 1 (Reference of dispute to Comptroller)
Designs Right Form 2 (Application to be made a party to proceedings)
Designs Right Form 3 (Application to settle terms of Licence of Right or to adjust terms of Licence granted before 1 August 1989)
Designs Right Form 4 (Application by Design Right or Copyright owner to vary terms of licence of right)

5.	Patent Form 9A as so set out replace the corresponding Form in the Schedule to the Directions made on 5 March 2020 (which came into force on 8 March 2020). The Directions made on 5 March 2020 are, to that extent, revoked.

6.	The remaining Patents Forms, as so set out, replace the corresponding Forms in the Schedule to the Directions made on 15 May 2018 (which came into force on 25 May 2018). The Directions made on 15 May 2018 are, to that extent, revoked. 

7.	Designs Form DF9A and Trade Marks Forms TM11 and TM13 as so set out, replace the corresponding Forms in the Schedule to the Directions made on 28 July 2020 (which came into force on 30 July 2020). The Directions made on 28 July 2020 are, to that extent, revoked.

8.	Designs Forms DF2B and DF19A as so set out, replace the corresponding Forms in the Schedule to the Directions made on 23 May 2018 (which came into force on 13 June 2018). The Directions made on 23 May 2018 are, to that extent, revoked.

9.	Designs Forms DF2A as so set out, replaces the corresponding Form in the Schedule to the Directions made on 19 December 2017 (which came into force on 19 December 2017) the Directions made on 19 December 2017 are, to that extent, revoked.

10.	Trade Marks Forms TM3, TM7, TM7F and TM26(I) as so set out, replace the corresponding Forms in the Schedule to the Directions made on 13 February 2019 (which came into force on 14 February 2019). The Directions made on 13 February 2019 are, to that extent, revoked.

Simon Haikney
Divisional Director Business Operations 
Acting on behalf of the Comptroller
24 September 2020

Guidance and notes on the changes to Patents, Trade Marks and Designs forms made as a result of the addition of a payment sheet to fee bearing forms

(a) These notes are not part of the Directions. They are intended to provide background and additional information.

(b) The Interpretation Act 1978 applies to these Directions. Therefore, all the definitions set out in the Registered Designs Act 1949 (as amended), Patents Act 1977 (as amended) and the Trade Marks Act 1994 (as amended) apply to these Directions. Further, amongst other things, generally any words importing the masculine gender include the feminine and words in the singular include the plural and words in the plural include the singular.

(c) Section 31A of the Registered Design Act, Section 123(2A) of the Patents Act and Section 66 of the Trade Marks Act allows the comptroller to give directions specifying any forms the use of which is required by the Designs Rules, the Patents Rules and the Trade Mark Rules.

(d) The following design forms, patents forms and trade mark forms have been revised as set out below.

Trade Marks Form 3, Trade Marks Form 3A, Trade Marks Form 5, Trade Marks Form 7, Trade Marks Form 7F, Trade Marks Form 7G, Trade Marks Form 11, Trade Marks Form 12, Trade Marks Form 13, Trade Marks Form 16, Trade Marks Form 16P, Trade Marks Form 24, Trade Marks Form 24C, Trade Marks Form 26(I), Trade Marks Form 26(N), Trade Marks Form 26(O), Trade Marks Form 31C, Trade Marks Form 31M, Trade Marks Form 31R, Trade Marks Form 35, Trade Marks Form 36, Trade Marks Form 50, Trade Marks Form 51, Trade Marks Form 55P, Patents Form AF1, Patents Form 1, Patents Form 2, Patents Form 3, Patents Form 4, Patents Form 9A, Patents Form 10, Patents Form 12, Patents Form 15, Patents Form 17, Patents Form 21, Patents Form 23, Patents Form 34, Patents Form 49, Patents Form NP1, Patents Form SP1, Patents Form SP2, Patents Form SP3, Patents Form SP4, Designs Form 2A, Designs Form 2B, Designs Form 2C, Designs Form 9A, Designs Form 19A, Designs Form 21, Designs Form 23, Designs Right Form 1, Designs Right Form 2, Designs Right Form 3, Designs Right Form 4

(e) These forms have been revised to add a payment sheet as the final sheet of each form. To achieve this, a blank page has been inserted on forms with an odd number of pages. Customers must provide a separate payment for each form they file. They must also indicate the fee amount being paid and provide contact details on the form. 

(f) If paying by debit or credit card they must pay online and insert the reference they receive on the form. If paying by deposit account, they must enter the account number on the form. The new forms also allow customers to pay by cheque or to enter their account details for payment bank transfer.

(g) Fee bearing forms will not be processed if payment details are not provided.

Patents Form 1 and Patents Form 3

(h) Further to paragraph (g) these forms will be processed without a fee in accordance with legal provisions.

Patents Forms 9A and 10

(i) The payment section of Patents Form 9A has been altered to reflect that additional fees for excess claims need to be paid and that the application fee can be paid with the form. Similarly, the payment section of patents form 10 has been altered to reflect that additional fees for excess pages may be required.

Trade Marks form 31C, 31M and 31R

(j) Trade Marks forms 31C, 31M and 31R have been altered to specify that the customer can only quote one Trade Mark Number per form.

(k) All of the UK Design Forms, UK Patents Forms and UK Trade Mark Forms (and information about associated fees) are available from our website.

(l) Any queries about these Directions should be addressed to: 

Legal Section
Intellectual Property Office
Concept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom

Tel: +44(0)16 3381 1154