On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 31/07/2005.
PART V
APPLICATIONS FOR PATENTS
25.
—(1) Every application for a patent —
(a)
shall be made in the prescribed form and shall be filed at the Registry in the prescribed manner; and
(b)
shall be accompanied by the fee prescribed for the purposes of this subsection.
(2) Where an application is not accompanied by the fee mentioned in subsection (1)(b), the fee shall be paid within the prescribed period.
(3) Every application for a patent shall contain —
(a)
a request for the grant of a patent;
(b)
a specification containing a description of the invention, a claim or claims and any drawing referred to in the description or any claim; and
(c)
an abstract,
but this subsection shall not prevent an application being initiated by documents complying with section 26(1).
(4) The specification of an application shall disclose the invention in a manner which is clear and complete for the invention to be performed by a person skilled in the art.
(5) The claim or claims shall —
(a)
define the matter for which the applicant seeks protection;
(b)
be clear and concise;
(c)
be supported by the description; and
(d)
relate to one invention or to a group of inventions which are so linked as to form a single inventive concept.
(6) Without prejudice to the generality of subsection (5)(d), the rules may provide for treating 2 or more inventions as being so linked as to form a single inventive concept for the purposes of this Act.
(7) The purpose of the abstract is to give technical information and on publication it shall not form part of the state of the art by virtue of section 14(3), and the Registrar may determine whether the abstract adequately fulfils its purpose and, if it does not, may reframe it so that it does.
(8) An application for a patent may be withdrawn at any time before the patent is granted and any withdrawal of such an application may not be revoked.
[UK Patents 1977, s. 14]
26.
—(1) The date of filing an application for a patent shall, subject to the provisions of this Act, be taken to be the earliest date on which the following considerations are satisfied in relation to the application:
(a)
the documents filed at the Registry contain an indication that a patent is sought in pursuance of the application;
(b)
those documents identify the applicant or applicants for the patent; and
(c)
those documents contain a description of the invention whether or not the description complies with the other provisions of this Act and with any relevant rules.
[30/2001]
(2) Every application for a patent shall be examined on filing to determine whether —
(a)
the filing fee has been paid; and
(b)
the application satisfies the requirements for the accordance of a filing date.
(3) If a date of filing cannot be accorded, the Registrar shall give the applicant an opportunity to correct the deficiencies, and if the deficiencies are not corrected within the prescribed period, the application shall be treated as having been abandoned.
(4) If the filing fee has not been paid within the period prescribed under section 25(2), the application shall be treated as having been abandoned.
(5) If before the grant of a patent under section 30 it is found that any drawing referred to in any such application is filed later than the date which by virtue of subsection (1) is to be treated as the date of filing the application, the Registrar shall give the applicant an opportunity of requesting within the prescribed period that the date on which the drawing is filed shall be treated for the purposes of this Act as the date of filing the application, and —
(a)
if the applicant makes any such request, the date of filing the drawing shall be so treated; but
(b)
otherwise any reference to the drawing in the application shall be treated as omitted.
(6) Where, after an application for a patent has been filed and before the conditions in section 30(2) and (3) are satisfied, a new application is filed by the original applicant or his successor in title in accordance with the rules in respect of any part of the matter contained in the earlier application and the considerations mentioned in subsection (1) are satisfied in relation to the new application (without the new application contravening section 84) the new application shall be treated as having, as its date of filing, the date of filing the earlier application.
[19/2004]
(7) Nothing in subsection (5) shall be construed as affecting the power of the Registrar under section 107(1) to correct errors or mistakes with respect to the filing of drawings.
(8) An application for a patent shall be treated as having been abandoned at the end of the prescribed period unless before that period ends the applicant files one or more claims for the purposes of the application.
[UK Patents 1977, s. 15]
[30/2001]
27.
—(1) Subject to section 33, where an application has a date of filing, then, as soon as possible after the end of the prescribed period, the Registrar shall, unless the application is withdrawn in the prescribed manner, treated as having been abandoned or refused before preparations for its publication have been completed by the Registry, publish it as filed (including not only the original claims but also any amendment of those claims and new claims subsisting immediately before the completion of those preparations).
[19/2004]
(2) The Registrar may, if so requested by the applicant, publish the application as mentioned in subsection (1) during the prescribed period, and in either event shall publish the fact and date of its publication in the journal.
(3) The Registrar may omit from the specification of a published application for a patent any matter —
(a)
which in his opinion disparages any person in a way likely to damage him; or
(b)
the publication or exploitation of which would in his opinion be generally expected to encourage offensive, immoral or anti-social behaviour.
[UK Patents 1977, s. 16]