Supplementary Order Paper No 120

304 Patents Act 1953 applies to divisional applications dated before commencement

• (1) This section applies to a fresh patent application that is made on or after the commencement of Part 3 of this Act (and any complete specification that is filed at the same time) if—

  • (a) the fresh patent application is made for any part of the subject matter of a patent application to which the Patents Act 1953 applies under section 301 or 305; and

  • (b) the fresh patent application is given a date before that commencement.

  (2) The fresh patent application must be treated as a patent application made under the Patents Act 1953 (and section 301 applies to it) and the complete specification must be treated as having been filed on the date given to the fresh patent application.