Sirtex Cover.proof 11 - School of Educators

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Reports on Patents
or may not reveal prior documentary disclosures relevant to the question of novelty and/or inventiveness of
the invention. The international application is published 18 months from its earliest priority date, i.e. the
date of filing of the first priority application for the invention. The international search report is published
together with the international application. The PCT provisions give the applicant the option of demanding
International Preliminary Examination. The applicant must demand International Preliminary Examination
if it wishes to proceed down that path, on or before expiry of 19 months from the date of filing of the first
priority application. If the applicant elects certain countries and/or regions by filing a demand for
International Preliminary Examination and files such demand on or before 19 months from the date of
filing of the first priority application, then the applicant is allowed 30 or 31 months (depending on the
country concerned) from the date of filing of the first priority application for the invention to enter the
international application into the ‘national phase’. If the applicant chooses not to file a demand for
International Preliminary Examination or files the demand after 19 months from the date of filing of the
first priority application it follows that no countries or regions were elected on or before 19 months from
the first priority application. Consequently, the applicant is allowed only 20 or 21 months (depending on
the country concerned) from the filing date of the first priority application to enter the international
application into the ‘national phase’.
Entering the ‘national phase’ in the countries and regions designated in the international application is
analogous to filing separate national or regional applications in the individual countries and regions concerned.
The international search has revealed five prior documentary disclosures which the International
Searching Authority considers to be relevant to the question of novelty or inventiveness of the invention.
One of these documents is a document published prior to the international filing date but later than the
priority date
and the international patent application.
Trade Mark Applications
Registered trade marks protect names, words, labels, symbols, or a combination of these, when used to
signify the origin of goods or services. Registration of a trade mark provides the owner with a monopoly in
respect of the use of the registered mark, which the owner may choose to license to others. The registration
allows the owner to take action against those believed to be infringing. Infringement generally includes the
use of marks that are held to be substantially identical or deceptively similar to the registered mark when
used on the same goods or services, or goods or services of the same description.
‘SIR-SPHERES’
The ‘SIR-SPHERES’ US trade mark application has been allowed but is not yet registered.
The ‘SIR-SPHERES’ European Community trade mark application was published on 19 October 1998,
but has not yet been registered. From the date of publication there was a non-extendable period of
8 months within which the application could have been opposed by third parties, or observations filed
with the Community Trade Marks Office outlining objections to registration. The opposition period has
expired and there are no active oppositions. We expect the application to proceed through to registration.
Independence
Neither Wray & Associates nor any of its partners has any entitlement to any shares in Sirtex, or has any
interest in the promotion of Sirtex. Wray & Associates have acted in the prosecution and filing of the
various applications noted herein since 1996. Wray & Associates will be paid its usual professional fee
for the preparation of this report.
Conclusion
Sirtex has worked to protect its intellectual property in a diligent and effective manner, as a result of which
it owns a significant patent/patent application and trade mark portfolio. Importantly, it appears from
information available to us that these rights are entirely valid and defensible.
Yours faithfully
WRAY & ASSOCIATES
Gary B Cox