Section 89

Effects of international application for patent

Previous Index Next

89.-(1) An international application for a patent (UK) for which a date of filing has been accorded under the Patent Co-operation Treaty [PCT Article 11] shall, subject to -

  • section 89A (international and national phases of application), and
  • section 89B (adaptation of provisions in relation to international application),

be treated for the purposes of Parts I and III of this Act as an application for a patent under this Act.

(2) If the application, or the designation of the United Kingdom in it, is withdrawn or (except as mentioned in subsection (3)) deemed to be withdrawn under the Treaty, it shall be treated as withdrawn under this Act.

(3) An application shall not be treated as withdrawn under this Act if it, or the designation of the United Kingdom in it, is deemed to be withdrawn under the Treaty -

  • (a) because of an error or omission in an institution having functions under the Treaty, or
  • (b) because, owing to circumstances outside the applicant's control, a copy of the application was not received by the International Bureau before the end of the time limited for that purpose under the Treaty,

or in such other circumstances as may be prescribed.

(4) [repealed]

(5) If an international application for a patent which designates the United Kingdom is refused a filing date under the Treaty and the comptroller determines that the refusal was caused by an error or omission in an institution having functions under the Treaty, he may direct that the application shall be treated as an application under this Act, having such date of filing as he may direct.

Notes:
Manual of Patent Practice

Unless otherwise stated, the content of this page is licensed under Creative Commons Attribution-ShareAlike 3.0 License