Patents Bill

  • enacted
59A Priority date in case of lack of entitlement in respect of another patent application
  • (1) This section applies if—

    • (a) a patent application (application A) is made for an invention that has been claimed in a complete specification filed in relation to another patent application (application B); and

    • (b) 1 or more of the following applies:

      • (i) the Commissioner has refused to grant a patent in relation to application B on the ground specified in section 87A(1)(b) (whether in a re-examination or an opposition proceeding under subpart 9):

      • (ii) the patent granted in relation to application B has been revoked by the court or the Commissioner on the ground specified in section 106(1)(b):

      • (iii) the complete specification filed in relation to application B has, in a re-examination or an opposition proceeding under subpart 9 or a proceeding under subpart 11, been amended by the exclusion of the claim relating to the invention as a result of a finding by the Commissioner that the nominated person or the patentee is not entitled to the patent.

    (2) The Commissioner may direct that application A and any specification filed in relation to it must, for the purposes of this subpart, be treated as having been filed on the date on which the corresponding document was filed, or is treated as having been filed, in relation to application B.

    Compare: 1953 No 64 s 62