Copyright, Designs and Patents Act, 1988. Chapter 48.

  • Great Britain.
Date:
1988
Catalogue details

Licence: Open Government Licence

Credit: Copyright, Designs and Patents Act, 1988. Chapter 48. Source: Wellcome Collection.

    235/256 (page 219)
    application for International and national phases of application. 89.—(1) An international application for a patent (UK) for which a date of filing has been accorded under the Patent Co- 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 (2) If the application, or the designation of the United Kingdom in it, is withdrawn: or (except as mentioned in subsection (3)) deemed to be withdrawn under the Treaty, it shall be treated as withdrawn under this Act. (3) An application shall not be treated as withdrawn under this Act if it, or the designation of the United Kingdom in it, is deemed to be withdrawn under the Treaty— (a) because of an error or omission in an institution having functions under the Treaty, or (b) because, owing to circumstances outside the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) For the purposes of the above provisions an application shall not be treated as an international application for a patent (UK) by reason only of its containing an indication that the applicant wishes to obtain a European patent (UK), but an application shall be so treated if it also separately designates the United Kingdom. (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. 89A.—(1) The provisions of the Patent Co-operation Treaty relating to publication, search, examination and amendment, and not those of this Act, apply to an international application for a patent (UK) during the international phase of the application. (2) The international phase of the application means the period from the filing of the application in accordance with the Treaty until the national phase of the application begins. (3) The national phase of the application begins— (a) when the prescribed period expires, provided any necessary translation of the application into English has been filed at the Patent Office and the prescribed fee has been paid by the applicant; or