(1) The general scheme and effect of the transitional provisions for patents on and from the commencement of Part 3 of this Act (commencement) is as follows:
(a) this Act applies to patents granted under the Patents Act 1953 on before commencement (but patents retain their existing key dates, term, and grounds for revocation):
(b) patent applications made under the Patents Act 1953 generally continue to be dealt with under that Act on and from commencement, but—
(i) if a complete specification is later filed, this Act then applies to the patent application:
(ii) if a patent application is post-dated to a date on or after commencement, this Act applies to the patent application:
(c) Treaty applications made under the Patents Act 1953—
(i) continue to be dealt with under that Act if the applicant has fulfilled the applicant’s obligations under Article 22(1) or 39(1)(a) of the Patent Cooperation Treaty before commencement; and
(ii) must be dealt with under this Act if the applicant did not fulfil those obligations before that time:
(d) if a fresh patent application is made, even after commencement, in respect of a patent application that is under the Patents Act 1953, and if the fresh patent application is given a date before commencement, the fresh patent application must still be dealt with under that Act.
(2) This section is a guide only to the general scheme and effect of the transitional provisions for patents.