Statutory guidance

Direction: withdrawal of patent applications by e-mail

Published 7 April 2003

© Crown copyright 2003

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected].

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This publication is available at https://www.gov.uk/government/publications/withdrawal-of-patent-applications-by-e-mail/direction-withdrawal-of-patent-applications-by-e-mail

1. Introduction

  1. These directions prescribe the form and manner in which email messages should be delivered to the Patent Office ('the office') to withdraw patent applications. If an email message to withdraw a patent application is delivered to the office in a form or a manner which does not comply with these directions the office may treat the message as not having been delivered.

2. The email address to use

  1. The office will accept requests to withdraw patent applications in accordance with Section 14(9) of the Act sent by email message to one of the following email addresses: [email protected] or [email protected]

  2. An email message withdrawing an application received at this address will be regarded as having the same effect as a written withdrawal on paper. The office will only guarantee to accept requests to withdraw patent applications received at [email protected] [email protected]. No other proceedings under the Act or any other correspondence relating to business carried out by the office should be sent to those addresses.

3. Form of email required

  1. An email message sent to withdraw a patent application should be titled:
    "Withdrawal of patent application number GBYYXXXXX.X"

  2. The text of the email message should contain a statement of withdrawal that is not ambiguous or conditional. Such a statement could read:
    "I withdraw patent application number GBYYXXXXX.X"

  3. The email message should also contain some indication that the person withdrawing the application is authorised to do so, eg. that the person sending the email message is the applicant or the agent for the application.

  4. The email message should contain no attachments and the request to withdraw the application should not be contained in an attachment. The request should be made in the body of the message.

  5. The email should be a plain text email message (RFC822-compliant). We will not accept MS-TNEF/RTF format messages or HTML format messages. We will not accept messages that are encrypted or digitally signed.

4. Other matters

  1. The office will interpret withdrawal requests made by email in the same way as we currently interpret written requests on paper and the procedures laid out in paragraphs 14.199-14.208 of the _Manual of Patent Practice_ and paragraphs 12.92-12.101 of the _Patents Formalities Manual_ will still apply. Both these work manuals are available in the patents law area on this web site.

  2. We will only act on the email in the form that it is received in the office. We will bear no responsibility for email lost in transit or email that is corrupted in transit. The office will inform the sender of a corrupted message that the message was not legible if the identification of the sender can be determined.

  3. As part of our standard virus prevention procedures it is possible for internet email messages not to be forwarded automatically to the recipient on their receipt in the Patent Office, and for them to await manual intervention before delivery. This may introduce an unavoidable delay in the time taken to deliver the message.

  4. The time and date of receipt of the email message will be taken as the time/date stamp the message receives when it enters our internal email system. This will not be the exact date/time it was sent or the exact date/time it was received by our external Patent Office server.

  5. The office will send a return email message confirming receipt of the withdrawal request. You should not assume the office has definitely received your request until you receive the return message. The office will subsequently confirm the withdrawal of the application in writing to the address for service for the application, as it does for other withdrawals.

5. Withdrawing applications by email before publication

  1. If an application is to be withdrawn by email in time to prevent publication, the email message must be received by this office up to 11.59pm on the day before preparations for publication are complete. Confirmation of receipt may however take place after that time. If the email message is received after that time, it will be too late to prevent publication.

6. Date of introduction of the new service

  1. Email withdrawals in accordance with these directions may be made from 8 July 2003.

7. Enquires

Any queries about these directions should be addressed to:

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

Telephone: +44(0)30 0300 2000
Telephone: +44(0)16 3381 4000
Minicom: +44(0)30 0020 0015 A Brimelow
Comptroller-General of patents,designs and trade marks
7 April 2003

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