EFIS 25, May 2008 : Intellectual Property

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The UK Intellectual Property Office (UKIPO) has introduced a new form TM33(P) for use in legal proceedings.

In addition to requesting details of the new patent agent and/or contact details, TM33(P) asks for a UK-IPO reference for the legal proceedings to be specified on this new form.

TM33 has been amended to reflect the publication of TM33(P). Both TM33 and TM33(P) can be used immediately.

On 1st May, Article 65 of the European Patent Convention will bring part of the London Agreement into force which affects the requirement to provide translations of European patents.

Section 77(6) of the Patents Act 1977 sets out the requirement to file a translation of a European patent granted or amended in French or German in order for this patent to have legal effect in the UK by virtue of sections 77(1) and 77(4) of the 1977 Act.

PF54 has been amended in accordance with Rule 56 of the Patents Rules 2007 which stipulates that section 77(6) ceases to apply on the day after the London Agreement came into force. This form can be used immediately.

The UK Intellectual Property Office (UKIPO) has amended form TM7 and created some guidance notes. Please find enclosed form TM7 which now contains a link on page 1 to the guidance notes. This form must not be used before 12th May.

Forms affected

TM7	Notice of opposition and statement of grounds	New/Amended
TM33	Appointment or change of agent or contact address	New/Amended
PF54	Filing a Translation in Connection with a European Patent or a European Patent Application	New/Amended
TM33(P)	Appointment or change of agent or contact address for use in legal proceedings only	New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.