2007 Rule 69

69. Necessary translations under section 89A(3) and (5)

Rule 68 | Index | Rule 70

(1) A translation is necessary for the purposes of section 89A(3) where any of the following are not in English-

  • (a) the international application for a patent (UK) as published in accordance with the Patent Co-operation Treaty;
  • (b) where the information mentioned in paragraph 3(2)(a) and (b) of Schedule 1 (biological material) has been provided, that information.


(2) Where the applicant expressly requests the comptroller to proceed with the national phase before the end of the period prescribed by rule 66(1), the translation must include the request and abstract.

(3) But paragraph (2) does not apply where a copy of the application, as published in accordance with the Patent Co-operation Treaty, is available to the comptroller.

(4) A translation of an amendment is necessary for the purposes of section 89A(5) where any amendment made to the application is not in English and has either been-

  • (a) published under the Patent Co-operation Treaty; or
  • (b) annexed to the International Preliminary Examination Report.


(5) At the end of the period prescribed by rule 66(1), the comptroller must notify the applicant that a necessary translation is missing if-

  • (a) a translation of the application has been filed, but a translation of the amendment has not been filed; or
  • (b) the information mentioned in paragraph 3(2)(a) and (b) of Schedule 1 (biological material) has been provided, but a translation of that information has not been filed,

and the prescribed fee has been paid.

Notes:
Use patents form NP1 when filing translations under section 89A(3) or (5), the prescribed fee being £12 (see UK-IPO forms and fees).

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