On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 08/04/2013.
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(8) An application for a patent may be withdrawn at any time before the patent is granted and any withdrawal of such an application may not be revoked.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) Subject to the provisions of this Act, the date of filing an application for a patent shall be taken to be the earliest date on which the documents filed at the Registry to initiate the application satisfy the following conditions:
(a)
the documents indicate that a patent is sought;
(b)
the documents identify the applicant for the patent; and
(c)
the documents contain —
(i)
something which is or appears to be a description of the invention for which the patent is sought; or
(ii)
where a declaration under section 17(2) is made in or in connection with the application —
(A)
a reference to an earlier relevant application specified in the declaration;
(B)
such information on the earlier relevant application as may be prescribed; and
(C)
a statement that the description of the invention for which the patent is sought is incorporated in the application by reference to, and is completely contained in, the earlier relevant application, as filed.
(2) For the purposes of subsection (1)(c)(i), it is immaterial whether —
(a)
the thing is in, or is accompanied by a translation into, a language accepted by the Registry in accordance with the rules; or
(b)
the thing otherwise complies with the other provisions of this Act and with any relevant rules.
(3) Where the Registrar determines that the documents filed at the Registry to initiate an application for a patent do not satisfy all of the conditions in subsection (1)(a), (b) and (c)(i) or (ii) —
(a)
the Registrar shall, as soon as practicable after the filing of those documents, notify the applicant of what else must be filed in order for the application to have a date of filing; and
(b)
the applicant shall, within such period as may be prescribed, do either or both of the following:
(i)
make observations on the Registrar’s determination;
(ii)
file every document which must be filed in order for the application to have a date of filing.
(4) Where subsection (3) applies, if the applicant fails to file every document which must be filed in order for the application to have a date of filing before the end of the period prescribed under subsection (3)(b), the application shall be treated as having been abandoned.
(5) Subsection (4) does not apply if —
(a)
the applicant makes observations as mentioned in subsection (3)(b)(i) before the end of the period prescribed under subsection (3)(b); and
(b)
as a result of the observations, the Registrar is satisfied that the documents filed at the Registry to initiate the application satisfy all of the conditions in subsection (1)(a), (b) and (c)(i) or (ii).
(6) Where the documents filed at the Registry to initiate an application for a patent satisfy all of the conditions in subsection (1)(a), (b) and (c)(i) or (ii), the Registrar shall, as soon as practicable after the filing of the last of those documents, notify the applicant of the date of filing of the application.
(7) Where an application for a patent has a date of filing under subsection (1) by reason only that the documents filed at the Registry to initiate the application satisfy the conditions in subsection (1)(a), (b) and (c)(ii), the applicant shall, within such period as may be prescribed, file at the Registry —
(a)
a written notice confirming that the description of the invention for which the patent is sought is incorporated in the application by reference to the earlier relevant application referred to in subsection (1)(c)(ii)(C);
(b)
the description of the invention for which the patent is sought; and
(c)
such other documents as may be prescribed.
(8) If an application for a patent has a date of filing by virtue of subsection (1), the applicant files at the Registry any missing part of the application within such period and in such manner as may be prescribed, and the applicant does not withdraw that missing part before the end of that period, then —
(a)
that missing part shall be treated as included in the application; and
(b)
the date of filing of the application shall be the date on which that missing part is filed at the Registry.
(9) Subsection (8)(b) does not apply if —
(a)
on or before the date which is the date of filing of the application for a patent by virtue of subsection (1), a declaration is made under section 17(2), in or in connection with the application, specifying an earlier relevant application; and
(b)
within such period as may be prescribed, the applicant —
(i)
makes a request to the Registrar for subsection (8)(b) not to apply to the application;
(ii)
files a statement that the missing part referred to in subsection (8) is incorporated in the application by reference to, and is completely contained in, the earlier relevant application, as filed;
(iii)
furnishes such information on the earlier relevant application as may be prescribed; and
(iv)
files such other documents as may be prescribed.
(10) Subsections (8) and (9) do not affect the power of the Registrar under section 107(1) to correct an error or a mistake.
(11) Where, after an application for a patent has been filed and before the conditions in section 30(2) and (3) are satisfied —
(a)
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
(b)
the conditions in subsection (1)(a), (b) and (c)(i) or (ii) 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 of the earlier application.
(12) Where an application has a date of filing by virtue of this section, the application shall be treated as having been abandoned unless —
(a)
the applicant files at the Registry, before the end of such period as may be prescribed, one or more claims for the purposes of the application;
(b)
the applicant pays the filing fee under section 25(1)(b) before the end of the period prescribed under section 25(2); and
(c)
where the application has a date of filing under subsection (1) by reason only that the documents filed at the Registry to initiate the application satisfy the conditions in subsection (1)(a), (b) and (c)(ii), the applicant files at the Registry the documents referred to in subsection (7)(a), (b) and (c) before the end of the period prescribed under subsection (7).
(13) In this section, “relevant application” has the same meaning as in section 17(5).
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]