Section 6

Disclosure of matter, etc., between earlier and later application

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6.-(1) It is hereby declared for the avoidance of doubt that where an application (the application in suit) is made for a patent and a declaration is made in accordance with section 5(2) above in or in connection with that application specifying an earlier relevant application, the application in suit and any patent granted in pursuance of it shall not be invalidated by reason only of relevant intervening acts.

(2) In this section -

  • "relevant application" has the same meaning as in section 5 above; and
  • "relevant intervening acts" means acts done in relation to matter disclosed in an earlier relevant application between the dates of the earlier relevant application and the application in suit, as for example, filing another application for the invention for which the earlier relevant application was made, making information available to the public about that invention or that matter or working that invention, but disregarding any application, or the disclosure to the public of matter contained in any application, which is itself to be disregarded for the purposes of section 5(3) above.

Manual of Patent Practice
G 3/93: a document published during priority interval becomes prior art under Article 54(2) EPC if priority is not correctly claimed; UK decisions consistent with this principle, see Beloit v Valmet [1995] RPC 705

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